|
SILVERLEAF RESORTS OVERTIME CASE
Summary
of the Lawsuit
On December 18, 2007 four former employees of Silverleaf
Resorts, Inc. (“Silverleaf") filed suit in federal court
in Atlanta, Georgia, accusing Silverleaf of failing to
pay them overtime compensation. The lawsuit accuses the
company of uniformly and systematically violating the
overtime provisions of the Fair Labor Standards Act (the
“FLSA”) by failing to pay overtime to possibly hundreds
of employees. The FLSA requires employers to pay
non-exempt hourly employees overtime at the rate of 1.5
times their regular hourly wage. The Plaintiffs claim
that they and similarly-situated employees were only
paid for 40 hours or less, even though they consistently
worked overtime.
Silverleaf is a “vacation adventure” business that owns
or operates vacation resorts in Georgia, Arkansas,
Connecticut, Illinois, Indiana, Louisiana, New York,
Texas, Florida, Massachusetts and Missouri. Silverleaf
sells deeded timeshare interests in “getaway resorts,”
located near major metropolitan areas, and “destination
resorts,” located in areas requiring more travel to
reach. The Plaintiffs were all employed in various
positions at Silverleaf's Apple Mountain Resort in
Clarkesville, Georgia, including Lead Registration
Clerk, Contracts Clerk, Hostess/Baby Sitter, Sales
Representative, Gifting Associate and Office Manager.
The lawsuit alleges that each of the Plaintiffs was paid
on an hourly basis, was required to work more than 40
hours per week, and did not receive overtime pay as
required by federal law.
This case, currently in arbitration proceedings, is in its early stages and
there has been no findings that Silverleaf is liable. However, under
the FLSA certain eligible employees of Silverleaf,
including the Plaintiffs who filed suit and others who
have since consented to join the case, may be owed
hundreds or even thousands of dollars in overtime pay.
The law also allows employees to recover double their
actual overtime damages if a court finds that an
employer willfully violated the law. The Plaintiffs
allege Silverleaf willfully violated the FLSA, and
therefore seek recovery of double their unpaid overtime
as well as litigation costs and expenses.
How do I Join?
If you are or were an employee of Silverleaf, you should
fully read this notice and get involved. To be eligible
to assert a claim in this case, the following must
apply:
(1) At any time between December 18, 2004 through the
present, you worked in one of the following positions -
Lead Registration Clerk, Contracts Clerk, Hostess/Baby
Sitter, Sales Representative, Gifting Associate and
Office Manager;
(2) You worked overtime (more than 40 hours per week)
and were not paid for it; and
(3) You execute a written consent form agreeing to join
this case. Click here
to view and download the form.
The Court
has not yet conditionally certified any class of
plaintiffs in the case. Therefore, the Court has
made no determination as to whether employees in the
positions identified above may opt-in to this case or
are entitled to any recovery.
You are
not required to be represented by Plaintiffs' attorneys
to opt-in to the lawsuit. You may retain the attorney of
your choice to represent you.
How can
I get more information?
For more information concerning the lawsuit and the
Plaintiffs’ claims, view the complaint filed in court
here
and the amended arbitration demand
here.
For more information or to discuss your claim, you may
contact the lawyers representing the Plaintiffs in this
case:
Jay Brownstein
Brownstein Nguyen & Little LLP
2010 Montreal Road
Tucker, Georgia 30084
(678) 921-01434
jdb@bnllawfirm.com
Kevin
Little
Brownstein
Nguyen & Little LLP
1201 Peachtree Street N.E.
Suite 200, 400 Colony Square
Atlanta, Georgia 30361
(404) 685-1662
ksl@bnllawfirm.com
Or, you send an email with your contact information and
questions concerning the case or your potential claim to
mail@bnllawfirm.com.
Calling or
sending a confidential e-mail with questions will not
obligate you to join and will cost you nothing.
You will not be asked to pay any up-front attorneys'
fees or expenses. The lawyers are paid by a combination
of a contingency fee, plus an amount awarded by the
court.
Retaliation?
Concerned about retaliation? If you still work for
Silverleaf and fear that you may be the victim of
retaliation for participating in this case, you should
know that Silverleaf is strictly prohibited by law from
taking any action against you for participating in this
lawsuit or otherwise pursuing your overtime rights.
|
