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

Lawsuit Update - January 19, 2011

We are happy to report that we learned yesterday that all settlement proceeds have been wired from Intertek Caleb Brett to the Garden City Group, the third-party administrator who will be distributing the proceeds to each Inspector who participated in the case. You will be hearing from them shortly, but if anyone needs to update their contact information, they can be reached at:

Adeva v. Intertek USA, Inc.
c/o The Garden City Group, Inc
PO Box: 91088
Seattle, WA 98111-9188
1-888-404-8013

Lawsuit Update - January 5, 2011

Happy New Year to everyone! We are happy to announce that the Court approved the settlement on December 22, 2010. There are still several steps before each person can receive their payment, but we are now well on our way towards that. In the coming month or 2, each Inspector who is participating in the case will receive a letter giving instructions on what must be done to receive your settlement proceeds from our Third-Party Administration company Garden City Group. To that end if you have moved while the case has been pending, and you believe we may have an incorrect address for you on file, please submit your new contact information by using this website. We will also be posting the contact information for Garden City Group shortly, so you can make relevant inquiries to them directly.

We currently have several similar cases pending against other inspection companies as well. To that end, if you worked for SAYBOLT as an inspector within the last 3 years and were paid "Chinese Overtime," you may be eligible to join this case. If you are eligible for this case, you can join the case by completing the relevant Consent to Join and Information Sheet below and faxing back to us at (954)333-3515.

Contact Information Sheet
Dacar v. Saybolt Consent to Join Form

Lawsuit Update - November 9, 2010

We appreciate everyone's patience as we continue to work to get the settlement finalized and the payments expedited to each of you. To that end we anticipate filing the settlement agreement with the Court for its approval in the next couple of weeks. We will post an update once we have obtained the Court's approval to let everyone know what the next steps will be.

Lawsuit Update - September 29, 2010

We continue to work towards getting the case to completion. To that end we are still working with our forensic accountant and appear close to finalizing the settlement numbers for each individual inspector. Similarly, the negotiated language in the settlement agreement is nearing finalization as well, as we continue to aggressively pursue the most beneficial terms we can for each class members. Once the numbers and settlement agreeement are complete, we will be submitting them to the Court for its approval, as required by the law. Although we are dedicating a lot of resources to this and the end is in sight, it is impossible to say exactly when you will receive your settlement checks.

Lawsuit Update - August 27, 2010

We have received many inquiries from Inspectors across the country in recent weeks requesting an update as to the case/settlement status of the case. While we continue to push forward with the steps necessary to get the Court approval of the settlement and finalize the numbers for each person, the sheer volume of the data and the complexity of the calculations is taking longer than anticipated. We hope to have additional information for each person shortly, likely in the next 3 to 4 weeks.

We would rather be precise with the calculations to ensure maximum recovery for each class member than rush through these complex calculations and wind up with incorrect calculations. While we understand everyone wants to be paid as quickly as possible, we owe you the professionalism and accuracy you deserve in ensuring that all details are accounted for in the settlement. Thank you for your patience.

Lawsuit Update - June 14, 2010

We are pleased to announce that yesterday, June 14, 2010, we reached a negotiated settlement in the case, after a lengthy mediation. We believe that the terms of the settlement are very good for each Inspector who is involved. While we now know the amount that the class will receive in total, we are still working to calculate the amount of money each individual Plaintiff will receive. We anticipate finalizing those numbers in the next 3-4 weeks. Shortly after that, in the next 6-10 weeks each Plaintiff will receive a release to sign, in exchange for receiving their portion of the settlement proceeds.

Lawsuit Update - Opt-in Period

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.

Lawsuit Update - Summary Judgment

On January 11, 2010, the Court issued an Opinion and Order finding that Defendants' "Fluctuating Workweek" or "Chinese Overtime" was illegal, as applied to its OGC Inspectors. As such, the Court determined that Plaintiffs were not properly paid all overtime due them because Defendants illegally paid OGC Inspectors half-time rather than time and a half. To read the Court's Opinion, click here.


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 determined that Defendants' violated the law, because their "Chinese Overtime" did not comply with the Fair Labor Standards Act. While there is no money available yet, you have a choice to assert your legal rights in this case. In order to participate in the case, and the ultimate recovery in the case, you must file an opt-in Consent form with the Court. 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

Any Oil, Gas and Chemical Inspector (OGC Inspector), employed by Defendants within the last 3 years, who worked more than 40 hours in a workweek and was paid half-time under Defendants' illegal "Chinese Overtime" methodology, rather than time and a half, as required by the Fair Labor Standards Act.

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
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (877) MORGAN-LAW
[877-667-4265]
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@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
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (877) MORGAN-LAW
[877-667-4265]
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@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.

If you have any questions about the Intertek USA Inc. and Caleb Brett USA Inc. Overtime Lawsuit, or overtime pay issues with any employer or past employer, please call 877-MORGAN-LAW, or fill out the short form below.
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Andrew Frisch, Esquire
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (877) MORGAN-LAW
[877-667-4265]
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@forthepeople.com