INFORMATION ON HOW TO BECOME A PLAINTIFF
IN THE FLSA LAWSUIT FOR
SUPERVISORY IMMIGRATION ENFORCEMENT
AGENTS (SIEA’s)
Our office recently mailed out a package with information on how to become a plaintiff in the FLSA lawsuit to all GS-11 & GS-12 SIEA’s who contacted our office and expressed interest in participating in the follow-up lawsuit. In order to initiate a lawsuit on your behalf, you must provide our office with the following items, enclosed within the package, no later than October 17, 2005:
- Signed enclosed Consent Form;
- Signed enclosed Copy of the Legal Services Agreement; and
- Check or Money Order for $300.00 - payable to “Bobbitt, Pinckard & Fields, APC”
We enclosed blank originals of the Consent form and the Legal Services Agreement for your signature. Please feel free to copy and distribute these forms to other SIEA’s who are interested in becoming part of this lawsuit. If you did not receive a package and would like to receive one, please contact our office and we will gladly send you one. Please be advised that partially completed packages will not be accepted and will be returned. Therefore, please be sure to provide all of the above-requested items to this office by the deadline. Failure to provide all of the above-requested items by the deadline may exclude you from participating in the above-mentioned lawsuit.
Please note that we need at least 50 plaintiffs before we commence
litigation in this matter. Assuming
we get 50 plaintiffs, you will receive a letter of acknowledgment from our
office that we have filed this matter on your behalf.
UNTIL YOU RECEIVE SUCH LETTER OF ACKNOWLEDGMENT, WE HAVE NOT FILED
THIS MATTER ON YOUR BEHALF AND HAVE ASSUMED NO RESPONSIBILITY FOR DOING SO.
If we do not get 50 plaintiffs and file this matter on your behalf, your
$300 cost advancement will be returned to you in full.
Also, please be advised of the following information from the Government. Back in 2003, when some of you, as former DOS’s or SDEO’s, were in the process of being re-classified as SIEA’s, which caused you to lose your FLSA, we questioned the Government regarding its rationale for excluding FLSA to employees in the new position. Enclosed within the package is a copy of our firm’s email to the Government and the Government’s response for your reference, which is located in the third paragraph of its November 7, 2003 letter. As you can see, the Government has, at a minimum, threatened to return SIEA’s to a lower GS level should it be determined that they owe you FLSA. While I am not sure whether the Government would take such action, in the interests of full disclosure, we are providing this information to you in advance of commencing litigation.
Should you have any questions concerning this lawsuit or would like to request a package, please contact our office.