Intertek USA Inc. & Caleb Brett USA Inc. Overtime Lawsuit

Update: The opt-in period has now closed. However, if you are interested in pursuing your claims and have not signed a consent to join the case to date, contact us to learn about your rights.

We have now entered the damages discovery phase of the case. Intertek has exchanged Wage and Hour data for all inspectors who have opted into the case to date. We are now in the process of working with an Expert Accountant to determine the possible value of the case. We anticipate attending mediation in the next month or two.

On December 1, 2007, WENCILIO ADEVA, an Oil, Gas and Chemical Inspector ("OGC Inspector") employed by Intertek USA Inc. and Caleb Brett USA Inc. filed a lawsuit against Intertek challenging the legality of Intertek Caleb Brett's system of paying "Chinese Overtime" or half-time overtime compensation rather than time and a half overtime. To date, over one hundred (100) OGC Inspectors who have joined the case, allege that Defendants violated the Fair Labor Standards Act (FLSA) by not properly paying eligible employees time and one-half, or overtime compensation, for all hours worked in excess of 40 hours in a week. The lawsuit is seeking back pay and liquidated damages from the Defendants, as well as costs and attorney's fees to compensate such eligible employees. Defendants deny Plaintiffs' allegations, and deny liability for any of the back pay, damages, costs or attorney's fees that Plaintiffs seek.

The Court has not yet decided whether Defendants have done anything wrong or whether this case will proceed to trial. There is no money available now and no guarantees that there will be. However, you have a choice to assert your legal rights in this case. If you do not choose to do this, then you will not be entitled to share in any money award that is made in the case.

1. COMPOSITION OF THE CLASS

The Court has not yet decided whether Defendants have done anything wrong or whether this case will proceed to trial. There is no money available now and no guarantees that there will be. However, you have a choice to assert your legal rights in this case. If you do not choose to do this, then you will not be entitled to share in any money award that is made in the case.

2. YOUR RIGHT TO PARTICIPATE IN THIS SUIT

If you fit the definition above, you may join this case (that is, you may "opt-in") by completing and mailing the "Consent to Become Party Plaintiff" form to Plaintiffs' counsel at the following address:

Andrew Frisch, Esquire
Richard Celler, Esquire
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (888) OVERTIME or (866) 344-WAGE (9243)
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@forthepeople.com
Rceller@forthepeople.com

The consent form must be sent to Plaintiffs' counsel no later than January 19, 2010. If you fail to return the Consent to Become Party Plaintiff, you may not be able to participate in this lawsuit or any potential recovery in the case.

3. EFFECT OF JOINING THIS CASE

If you choose to join in this case, you will be bound by the Judgment ultimately entered in this case, whether it is favorable or unfavorable. If you join this case, you also may be required to respond to interrogatories and requests for production of documents, and that you may have your testimony taken in a deposition under oath.

The attorney for the class Plaintiffs is being paid on a contingency fee basis, which means that if there is no recovery there will be no attorney's fee. If there is a recovery, the attorney for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.

If you sign and return the Consent to Become Party Plaintiff form attached to this Notice, you are agreeing to the entering of an agreement with Plaintiffs' counsel concerning attorney's fees and costs, and all other matter pertaining to this lawsuit. However, the Court has retained jurisdiction to determine the reasonableness of any contingency agreement entered into by Plaintiffs with counsel, and to determine the adequacy and appropriateness of Plaintiffs' counsel's fees.

4. TO STAY OUT OF THE LAWSUIT

If you do not wish to be a part of the lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be part of the case in any way and will not be bound by or affected by the result, whether favorable or unfavorable. Your decision not to join this case will not affect your right to bring a similar case on your own at a future time. However, claims under the Fair Labor Standards Act must be brought within two (2) years of the date the claim accrues, unless the employer's violation of the law was "willful," in which case the claim must be brought within three (3) years.

5. NO RETALIATION PERMITTED

Federal law prohibits defendants from discharging or in any other manner discriminating against you because you "opt-in" to this case, or have in any other way exercised your own rights under the Fair Labor Standards Act.

6. YOUR LEGAL REPRESENTATION IF YOU JOIN

If you choose to join this suit, and agree to be represented through plaintiffs' attorney, your counsel in this action will be:

Andrew Frisch, Esquire
Richard Celler, Esquire
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (866) 344-WAGE (9243)
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@forthepeople.com
Rceller@forthepeople.com

7. FURTHER INFORMATION

Further information regarding this case, the deadline for filing a Consent to Become Party Plaintiff, or answers to questions concerning this lawsuit may be obtained by writing or phoning Plaintiffs' counsel at the telephone number and address stated in Paragraph 6 above. Other than to review the filings that have been made in this case, please do not contact the Court or the Clerk of the Court directly.