IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
|
IZAIAH FEBLES and NICHOLAS Plaintiffs, AMERICAN HEALTH REFORM Defendants. |
Case No.: 2:24-cv-47-JLB-KCD |
NOTICE OF YOUR RIGHT TO JOIN CASE SEEKING TO RECOVER OVERTIME PAY FOR AMERICAN HEALTH REFORM SOLUTIONS, LLC EMPLOYEES
Enclosed is a consent form giving you the option to participate in a case seeking to recover overtime for employees who sold insurance for American Health Marketplace (“AHM”). This case has been brought on behalf of anyone who sold insurance for AHM at any time from January 15, 2021, to present, who worked overtime and whose regular rate for purposes of calculating overtime compensation did not include commissions or bonuses.
In this case, the Plaintiffs allege that AHM failed to calculate overtime compensation correctly by not including commissions or bonuses in the overtime rate of pay. You are receiving notice of your right to join this case because you have worked as an insurance sales employee for AHM between January 15, 2021, to present. You may join this case regardless of any arbitration agreements you previously signed with AHM, including the Employment Agreement, Restrictive Covenants, and Agreement to Arbitrate issued by AHM in February 2024. If you wish to join the case, you must complete and return the enclosed consent form to the email or address below by no later than February 4th, 2025.
AHM disputes and denies the Plaintiffs’ claims in this case. If you join this case, you will not be subject to retaliation of any kind.
In this case, there has not been a decision yet by the Court as to whether the employees are entitled to receive overtime pay. There has also not been any settlement reached. There is no money available now and no guarantees that there will be. If you do not return the enclosed consent form by February 4th, 2025, you will not be considered part of this case and will be unable to receive a share of any settlement or judgment that the Plaintiffs may obtain. If you join the case, you will be bound by any ruling entered by the court, favorable or unfavorable, or settlement reached by the Parties, approved by the Court as fair and reasonable.
The Plaintiffs who initiated this case will work with Plaintiffs’ counsel to make decisions regarding the progress of this litigation. You may be required to participate in this case by answering written questions under oath, producing certain documents, and answering certain questions under oath. If the case proceeds to trial, you may be required to testify at the trial.
If you choose to join this lawsuit, you have the right to consult and retain an attorney of your choice. This includes the attorneys representing the named Plaintiffs, Jason Gunter and Conor Foley with GunterFirm. You may also represent yourself pro se. Plaintiffs’ attorneys are handling this matter on a contingency fee basis, meaning the attorney’s fees will be determined on a percentage basis based on the recovery, if any, on behalf of Plaintiffs, subject to the approval of the Court, and the attorneys have agreed that they will not be compensated if there is no recovery in this matter, which means that if there is no recovery, there will be no attorneys’ fees owed.
Jason L. Gunter, Esq.
Conor P. Foley, Esq.
GUNTERFIRM
2165 W. First St., Suite 104
Ft. Myers, FL 33901
Phone: (239) 334-7017
info@gunterfirm.com
To join, you must complete the Consent to Become Opt-in Plaintiff Form and forward it to the attorneys above.
This notice is only for the purpose of determining the identity of those persons who wish to join this case and has no other purpose. The Court takes no position regarding the merits of Plaintiffs’ claims or Defendants’ defenses. Please do not contact the Court. You may contact Plaintiffs’ counsel if you need additional information.