1. DESCRIPTION OF THE LAWSUIT

On February 28, 2017, Carol Morse, on behalf of herself and other similarly-situated At-Home Customer Service Representatives, filed a lawsuit in the U.S. District Court for the Northern District of New York against Alpine Access, Inc. and Sykes Enterprises, Inc. The lawsuit alleges that Alpine Access, Inc. and Sykes Enterprises, Inc. violated the federal Fair Labor Standards Act (“FLSA”) by failing to pay its At-Home Customer Service Representatives for off-the-clock work during their pre-shift boot-up/login procedures. Plaintiff also seeks an additional equal amount as liquidated damages, as well as attorneys’ fees and costs. This litigation is currently in the early pretrial stage.

Alpine Access, Inc. and Sykes Enterprises, Inc. have denied Plaintiff’s allegations that they violated the FLSA or failed to pay their employees properly for wages and overtime, and they have further denied Plaintiff’s allegations that they are liable to Plaintiff or other At-Home Customer Service Representatives under any circumstances.

2. PERSONS ELIGIBLE TO RECEIVE THIS NOTICE

The United States District Court for the Northern District of New York has authorized this Notice to be distributed to:

All current and former hourly at-home customer service representatives employed by Alpine Access, Inc. and/or Sykes Enterprises, Inc. who used Sparc Softphone to record their time and reported and were paid for at least 39 hours in any workweek within the period of November 29, 2014 to January 25, 2018.   

3. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT

If you meet the description in paragraph number three (2) above, and you believe that Alpine Access, Inc. and Sykes Enterprises, Inc. have failed to pay you overtime wages for time spent working off-the-clock during the pre-shift boot-up/login process, you may have the right to make a FLSA claim against Alpine Access, Inc. and Sykes Enterprises, Inc. in this lawsuit to recover unpaid overtime compensation, liquidated damages, costs, and attorneys’ fees for Plaintiffs’ counsel in this lawsuit. It is entirely your own decision whether to join this lawsuit.

4. EFFECT OF JOINING THIS LAWSUIT

If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the FLSA, whether favorable or unfavorable. This means that if you win, you may be eligible to share in the monetary award; if you lose, no money will be awarded and you will not be able to file another lawsuit regarding the matters raised in the lawsuit.

While this lawsuit is proceeding, you may be required to respond under oath to written questions, to have your deposition taken, to produce documents, and/or to testify in court at a trial or hearing in the United States federal courthouse in Syracuse, New York. Should you choose to join this lawsuit but fail to cooperate with respect to this discovery process, any potential claim you may have under the FLSA may be dismissed with prejudice.

5. NO LEGAL EFFECT IN NOT JOINING THIS LAWSUIT

If you choose not to join this lawsuit, you will not be affected or bound by any judgment, favorable or unfavorable, on any of the claims brought under the FLSA that are alleged in this lawsuit.

If you choose not to join this lawsuit, you retain all rights, if any, that you may have under the FLSA and are free to file your own lawsuit or complaint with the U.S. Department of Labor; however, recovery for any alleged FLSA claim you may have would be obtainable by you only if you file your own lawsuit or Department of Labor complaint within the time provided by law, and you actually prevail on your claims.

  1. YOUR LEGAL REPRESENTATION IF YOU JOIN

The attorneys for Plaintiffs and the opt-in class is the law firm of Sommers Schwartz, P.C. and JTB Law Group, LLC. Their addresses are:

Kevin J. Stoops

Charles R. Ash, IV                

Sommers Schwartz, P.C.                   

One Towne Square, 17th Floor           

Southfield, Michigan 48076

Jason T. Brown, Esq.

Nicholas R. Conlon, Esq.

Zijan Guan, Esq.

JTB Law Group, LLC

155 2nd Street, Suite 4

Jersey City, NJ 07302

If you choose to join the lawsuit, the law firm listed above will represent you unless you obtain another attorney. You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Alpine Access, Inc. and Sykes Enterprises, Inc. to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses. The Court must approve any fees received by the Plaintiffs’ lawyers.

You also have the option to retain an attorney of your own choice.

  1. HOW TO JOIN THIS LAWSUIT

If you wish to join this lawsuit, you must complete, sign and return a Consent to Join form to:

Veronica L. Stewart

Sommers Schwartz, P.C.

One Towne Square, 17th Floor

Southfield, Michigan 48076

Fax: (248) 936-2147

E-mail: FLSA@sommerspc.com

You can obtain a Consent to Join form by contacting JTB Law Group.

Your signed Consent to Join form must be returned by for you to be eligible to participate in this lawsuit. Until the Consent to Join form is filed with the Court, the statute of limitations ordinarily continues to run, and you will not be entitled to receive compensation for the days during which you delay sending in your Consent to Join form.

If you file a Consent to Join form, your continued right to participate in this lawsuit may depend upon a later decision by the Court that you and the Plaintiffs are similarly situated. If the Court finds that you and the Plaintiffs are not similarly situated, you may re-file your own FLSA lawsuit within the time provided by law.

  1. DEADLINE

Your completed Consent to Join form must be postmarked by April 23, 2018 in order to be eligible to participate in the lawsuit. You should ensure that it is sent to Ms. Stewart before that date. If you have already submitted a Consent to Join form, you do not need to submit another one at this time.

  1. NO RETALIATION PERMITTED

The FLSA prohibits employers, such as Alpine Access, Inc. and Sykes Enterprises, Inc. from discriminating or retaliating against or taking adverse actions against any person for filing a lawsuit, claim, or complaint for compensation, assisting or testifying in a lawsuit under the FLSA, or otherwise participating in a proceeding or exercising their rights under the FLSA.

  1. FURTHER INFORMATION

For further information about this lawsuit, you may contact Plaintiffs’ counsel by mail at the address indicated above in paragraph 7, by telephone at (877) 561-0000, or by e-mail at FLSA@sommerspc.com.

Alpine Access, Inc. and Sykes Enterprises, Inc. (At-Home Customer Service Representatives)