DISTRICT
OF MARYLAND
Northern
Division
|
BARBARA TRIPP, individually and on behalf of
all others similarly situated, Plaintiff, vs. PERDUE FOODS LLC, Defendant. |
Case No.:
1:24-cv-00987-JMC |
COURT
AUTHORIZED NOTICE OF COLLECTIVE ACTION
RE:
YOUR RIGHT TO JOIN A LAWSUIT SEEKING
UNPAID OVERTIME PAY AND MINIMUM WAGE UNDER THE FAIR LABOR STANDARDS ACT.
I. INTRODUCTION
The purpose of this notice is to:
1)
Inform you that a lawsuit exists that you may join;
2)
Advise you of how your rights may be affected by
this lawsuit; and
3)
Instruct you on the procedure for participating
in this lawsuit, should you choose to do so.
II. DESCRIPTION OF
LAWSUIT
A lawsuit has been brought
against Perdue Foods LLC (“Defendant”
or “Perdue”). Named Plaintiff Barbara Tripp (“Named Plaintiff”) alleges that Perdue
has violated the Fair Labor Standards Act (“FLSA”) by misclassifying its
growers as independent contractors, and
thus failed to pay growers minimum wages for all hours worked, as well as overtime
compensation for hours worked over 40, each work week. Named
Plaintiff seeks to recover all minimum and overtime wages due, liquidated
damages in an equal amount, reasonable attorneys’ fees and costs, and all other
legal and equitable relief as the Court deems just and proper. Perdue denies
the allegations in the lawsuit and maintains that it properly classified and
compensated growers. The Court has authorized this Notice of your right to opt
into the FLSA Collective Action by completing and returning the enclosed
Consent to Join. Though the Court has authorized the distribution of this
Notice, the Court has not made any rulings on the merits of Named Plaintiff’s
claims in the Lawsuit and remains neutral.
This Notice is for the sole
purpose of determining the identity of those persons who may be entitled to and
wish to participate in this lawsuit. The Court has expressed no opinion
regarding the merits of the Named Plaintiff’s claims or Perdue’s defenses, and
your claims may be subject to later dismissal, such as if the Court ultimately
finds that the claims lack merit or that they cannot be litigated on a
collective basis.
Please carefully review
this Notice for information regarding the FLSA Collective Action and the opt-in
process.
III. COMPOSITION OF
CLASS
Named
Plaintiff seeks to sue on behalf of all growers who were classified by Perdue
as independent contractors at any time from April 4, 2021, to
the present and who timely submit a Consent to Join Form. You have been sent this Notice because Perdue’s
business records show you were a grower on or after April 4, 2021.
IV. YOUR RIGHT TO
PARTICIPATE IN THIS LAWSUIT
According to Perdue’s business
records, you were a grower with Perdue during the relevant time
period. Therefore, you may join in the FLSA claims raised in this
lawsuit by completing and mailing, faxing, or emailing a signed copy of the enclosed
Consent to Join Form to the Collective Action Notice Administrator at the
following address:
c/o CPT
Group, Inc.
50 Corporate
Park
Irvine, CA
92606
Your Consent to Join form
must be submitted or postmarked by no later than April
3, 2025. A first class self-addressed and stamped envelope is included
for your convenience. You may also submit a Consent to Join form online
by visiting www.TrippVPerdueFoods.com. Plaintiff’s
lawyers will file with the Court all Consent to Join Forms that have been
filled out, signed, and postmarked or submitted on or before April
3, 2025.
If you file a Consent to
Join Form, your continued right to participate in the suit may depend
upon a later decision by the Court that you are an appropriate
participant in accordance with federal law.
V. EFFECT OF JOINING
OR NOT JOINING THIS LAWSUIT
If you choose to join the
lawsuit, you will be bound by any ruling, judgment or settlement,
favorable or unfavorable. If you join this lawsuit, you may be required to participate
in the action by providing information, sending copies of documents in your
possession to your lawyers, and testifying in a deposition and/or at trial.
If you choose to join this
case by filing a Consent (“Opt-in”) Form, you will be agreeing to representation
by Plaintiff’s Counsel. The specific terms and conditions of representation are
set forth in Section VIII and in the Consent to Join Form. If you do not join
this action, you are free to take action on your own.
If you choose not to join
the lawsuit, you will not be bound by any ruling, judgment or settlement
entered in the case, favorable or unfavorable. You will not receive a share of any judgment
or settlement obtained. If you choose
not to join this lawsuit, you will retain any rights you may have under the
FLSA.
VI. STATUTE OF
LIMITATIONS
Plaintiff’s claims in this
action are limited to a two- or three-year statute of limitations. If you
choose to join this action, you may be able to recover damages if you were improperly
denied compensation only for time worked within the two or three years prior to
the date you file your Consent to Join Form. If you choose not to join this action,
or choose to bring your own action, some or all of
your potential claims may later be barred by the applicable statute of limitations.
VII. NO RETALIATION
PERMITTED
The
law prohibits retaliation against employees or individuals contending that they
are/were employees for exercising their rights under the FLSA. Therefore, Perdue
is specifically prohibited from terminating you or retaliating against you in
any other manner just because you choose to participate in this action.
VIII. YOUR LEGAL
REPRESENTATION IF YOU JOIN
If you choose to join the
lawsuit, your interests will be represented by counsel for Plaintiff. Plaintiff’s
Counsel are:
Jamie
Crooks
Michael
Lieberman
Amanda
Vaughn
Fairmark Partners LLP
1001
G Street NW
Suite
400 East
Washington,
DC 20001
Charles
Gerstein
Gerstein Harrow
LLP
810
7th Street Ne Suite 301
Washington,
MD 20002
Gregg
Cohen Greenberg
Robert
W.T. Tucci
Zipin, Amster and
Greenberg, LLC
8757
Georgia Avenue, Suite 400
Silver
Spring, MD 20910
Plaintiff’s attorneys are
being paid on a contingency basis, which means that if there is no recovery,
there will be no attorneys’ fees. If there is a recovery, the attorneys will
receive a part of any settlement obtained or money judgment entered in favor of
all members of the class, or fees the Court directs Perdue to pay separately.
Any payment of attorneys’ fees will require approval of the Court.
Plaintiff’s attorneys will
advance necessary costs and out-of-pocket disbursements and expenses on your
behalf in this litigation. If there is a settlement or judgment, in the event that necessary costs and out-of-pocket disbursements
are not approved by the Court to be reimbursed from any such settlement or
judgment, or paid by Perdue, you will have no obligation to reimburse Plaintiff’s
attorneys for such costs.
IX. FURTHER
INFORMATION
Further information about
the lawsuit or this notice may be obtained by contacting the Collective Action
Notice Administrator at 1-888-921-5450 or by
visiting www.TrippVPerdueFoods.com.
THIS NOTICE AND ITS CONTENTS HAVE BEEN
AUTHORIZED BY THE FEDERAL DISTRICT COURT, THE HONORABLE J. MARK COULSON, UNITED
STATES MAGISTRATE JUDGE. THE COURT TAKES NO POSITION REGARDING THE MERITS OF
THE PLAINTIFF’S CLAIMS OR PERDUE’S DEFENSES. DO NOT CONTACT THE CLERK OF COURT
REGARDING THIS NOTICE.