United States District Court, W.D. North Carolina, Charlotte Division
SHAKEERA MYERS, on behalf of herself and all others similarly situated, Plaintiff,
LOOMIS ARMORED US, LLC, Defendant.
D. Whitney Chief United States District Judge.
MATTER is before the Court on Plaintiff's Motion for
Conditional Certification Pursuant to the Fair Labor
Standards Act, Court-Authorized Notice to be Issued under 29
U.S.C. § 216(B), Class Certification under Fed.R.Civ.P.
23, and Appointment of Class Counsel Under Fed.R.Civ.P.
23(G). (Doc. No. 26). On July 25, 2019, the Court granted
Plaintiff's motion to certify the FLSA/NCWHA actions but
denied without prejudice Plaintiff's motion to authorize
class notices. (Doc. No. 37). The Court directed parties to
confer and agree upon the content and distribution of the
notices (including appropriate forms), and jointly submit,
within seven (7) days of that Order, proposed notice and
forms for the Court's approval. (Doc. No. 37). In the
event parties were unable to agree, the parties were directed
to brief the issues to be submitted within ten (10) days from
its Order. Id. The parties have briefed these
issues, and this motion is now ripe for review.
HEREBY ORDERED THAT:
1. Consistent with this Order, the Court GRANTS
Plaintiff's motion and approves the notice pursuant to
Fed.R.Civ.P. 23(c)(2)(B) and 29 U.S.C. § 216(b).
However, the following modifications to Plaintiff's
Proposed Notice (Doc. No. 39-2) are necessary:
a. Modify “INTRODUCTION” section in its entirety
“The purpose of this Notice is to:
1. Inform you of the existence of a case in which you are
potentially eligible to participate;
2. Advise you of how your rights may be affected by this
3. Instruct you on the procedure for participating in this
case, if you decide to join. Defendant Loomis Armored US,
LLC's records reflect that you were employed by Defendant
in one or more of the Armored Service Technician or other
similar positions included in this case during on or after
October 1, 2015.
Court has certified a class and conditionally certified
collective action lawsuit that may affect you. A trial may be
necessary to decide whether the claims Plaintiff makes
against Defendant on your behalf are correct or whether
Defendant's defenses to those claims are correct. The
Honorable Frank D. Whitney, Chief District Court Judge in the
United States District Court for the Western District of
North Carolina is overseeing this lawsuit.” b. Add a
header that reads “DESCRIPTION OF THE LAWSUIT.”
This section is to read: “On October 1, 2018, Plaintiff
Shakeera Myers filed a lawsuit against Loomis Armored US, LLC
(“Defendant”) in behalf of herself and others
similarly situated, in the U.S. District Court for the
Western District of North Carolina. Plaintiff alleges that
Loomis violated the Fair Labor Standards Act
(“FLSA”) by allegedly failing to pay its Armored
Service Technicians, including, armed drivers, armed
messengers, and armed guards, all wages owed, including
overtime wages at a rate of one-and-one-half their regular
rate of pay for work performed in excess of forty (40) hours
per week. Plaintiff alleges that she, and others similarly
situated, are entitled to recover all unpaid wages for such
work performed from October 1, 2015 to the present. Plaintiff
seeks back pay wages, prejudgment interest, liquidated
damages, and attorney's fees and costs.
also alleges violations of the North Carolina State Wage and
Hour Act (“NCWHA”). In the state law part of this
lawsuit, Plaintiff also asserts that, throughout the relevant
period, Loomis allegedly maintained a corporate policy of
deducting the costs of bulletproof vests and firearms from
employees' wages, without obtaining the employees'
prior written authorization as required by N.C. Gen. Stat.
§ 95-25.8. Plaintiff claims that Defendant must pay back
wages for the actual hours worked, including but not limited
to, accrued and unpaid regular and overtime wages,
unauthorized deductions, an equal amount in additional
liquidated damages, interests, plus costs in attorney's
fees. Loomis Armored US, LLC has denied Plaintiff's
allegations that it violated the FLSA or North Carolina law,
or failed to properly pay its employees for wages and
overtime and has further denied Plaintiff's allegations
that it is liable to Plaintiff under any circumstances.
Court has allowed the lawsuit to be certified as a class
action under the NCWHA and conditionally certified a
collective action under the FLSA on behalf of employees
allegedly affected by Loomis's pay policies.
in this Notice is intended as an expression of the
Court's opinion about the merits of Plaintiff's
claims or about whether you should join this lawsuit. There
is no money available now, and no guarantee there will be
any. However, your legal rights are affected, and you ...