I.     DESCRIPTION OF THE LAWSUIT

On September 22, 2017, William Candelaria, a former hourly-paid Craftsman who worked for Infinity Maintenance Services, LP at the Dow Chemical Company Texas Operations facility located in Freeport, Texas, filed a lawsuit in the United States District Court for the Southern District of Texas, alleging that Infinity Maintenance Services, LP failed to pay him overtime compensation for all hours worked.

Infinity Maintenance Services, LP denies any and all liability under any circumstances, including Plaintiff’s allegations that it failed to correctly compensate employees for wages and overtime or that it is liable to Plaintiff for any claimed violation of the FLSA.

II.     ELIGIBILITY TO PARTICIPATE IN THIS LAWSUIT

Plaintiff brings this collective action on behalf of:

All current and former Helpers, Apprentices, Craftsman/Journeyman, and other hourly-paid employees of Infinity Maintenance Services, LP who worked for at the Dow Chemical Company Texas Operations facility located in Freeport, Texas at any time within the period of the three (3) years prior to the commencement of this action through the present.

If you meet this description and you believe that Defendant has failed to properly compensate you for unpaid overtime wages, you may have the right to make an FLSA claim against Defendant in this lawsuit to recover unpaid wages, liquidated damages, costs, and attorneys’ fees.

III.     YOUR OPTIONS REGARDING THIS LAWSUIT

You may elect to join this lawsuit, bring your own separate lawsuit, or not do anything. If you choose to join this lawsuit, you must complete a Consent to Join form by May 29, 2018 and send it by regular mail, e-mail, or fax to either:

JTB LAW GROUP, LLC
155 2nd St., Suite 4
Jersey City, New Jersey 07302
(877) 561-0000 (office); (855) 582-5297 (fax)
nicholasconlon@jtblawgroup.com

You may elect to participate in the lawsuit using JTB Law Group, LLC as your counsel, or you may join using your own counsel. If you join this lawsuit by counsel of your own choosing, your attorney must file a Consent to Join form by May 29, 2018. Plaintiff’s attorneys will promptly file with the Court any Consent to Join forms that they receive.

IV.     EFFECT OF JOINING THE LAWSUIT

If you choose to join this lawsuit, you will be bound by any outcome, whether favorable or unfavorable. If the Plaintiff and anyone else who joins this lawsuit prevail at trial, or a settlement is reached, you may be entitled to share in any money recovered, less your share of expenses, including the fees and expenses of plaintiff’s lawyers as may be allowed by the court. On the other hand, if Infinity Maintenance Services, LP prevails, you may not recover any money.

While this lawsuit is proceeding, you may be required to respond under oath to written questions, have your deposition taken, produce documents, and/or testify in court at a trial or hearing in the United States Federal Courthouse in Galveston, Texas. If the case is unsuccessful and Infinity Maintenance Services, L.P. prevails, you may be responsible for a portion of Infinity Maintenance Services, L.P.’s case costs, but not its expenses or attorney fees.

V.     EFFECT OF NOT JOINING THE LAWSUIT

If you choose not to join this lawsuit, you do not need to do anything. If you do not join this lawsuit, you will not be a part of the case in any way, and will not be bound by any resolution, whether favorable or unfavorable. You should be aware that a claim under the FLSA must be brought within two years of the date the claim accrues, unless you can prove that your employer’s violation was “willful,” in which case the claim must be brought within three years.

VI.     NO RETALIATION PERMITTED

Federal law prohibits an employer from discriminating or retaliating against you for choosing to join this lawsuit or otherwise exercising your existing rights under the FLSA.

Infinity Maintenance Services, LP (Helpers, Apprentices, Craftsman/Journeyman)