The Defendant

Energi Pros, LLC is a U.S based company that provides customers with in house commercial energy saving solutions. It is a nationwide company, operating in states all over the United States.

The Claims in the Lawsuit

FLSA Claim:

Failure to Pay for All Hours Worked

The  complaint alleges that Energi Pros, LLC, violated the Fair Labor Standards Act by misclassifying their hourly-paid Green Energy Technology Specialists as salary exempt and failing to pay them any wages for hours worked in excess of forty (40) hours in a workweek.

FCRA Claims:

Failure to provide Proper Disclosure and/or Obtain Authorization for Background Checks

The complaint further alleges that Defendant procured background checks on employees and job applicants from a non-FCRA complaint agency without providing proper disclosure and/or obtaining authorization.

Failure to Comply with Pre-Adverse Action Requirements

The complaint further alleges that Defendant took adverse action on putative class members based on the procured consumer reports without providing pre-adverse action notice, a copy of the report, a written description of rights, and reasonable time to respond to Defendant or dispute the report, all being in violation of the FCRA’s adverse action protections.

Case Status

November 13, 2019 : the complaint  was filed in the United States District Court for the Southern District of Texas and has been assigned to Judge Gray H. Miller.

How to Participate

If you believe you are owed wages from the FLSA claims in the lawsuit, you can join the case by signing a “Consent to Sue” form, which you can obtain HERE.

Until the Consent to Sue form is filed with the Court, the statute of limitations ordinarily continues to run. The statue of limitations under the Fair Labor Standards Act is 2 years, and 3 years for willful violations. Thus, if you claim wages from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Sue form.

If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the Fair Labor Standards Act, 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.

Frequently Asked Questions

Can Defendant discipline or fire me if I join the case?

No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.

Will I have to testify or provide documentary proof?

Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.

You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.

However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.

Will Brown, LLC be my attorneys?

Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.

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 Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.

How long will the case take?

It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.

When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.

 

Energi Pros, LLC