ILYM Group, Inc.
14751 Plaza Dr., Ste J
Tustin, CA 92780
Morgan v. Rohr, Inc.
U.S. District Court for the Southern District of California (Case No. 20-CV-00574-GPC-AHG)
CLASS ACTION NOTICE
You are not being sued. This is a Court-authorized notice that affects your rights. Please read it carefully.
You are receiving this Notice because employment records show that you are or were employed by Rohr, Inc., Hamilton Sundstrand Corporation d/b/a UTC Aerospace Systems d/b/a Collins Aerospace, or United Technologies Corporation (collectively, “Defendants”) as a unionized, non-exempt employee in Riverside or Chula Vista at any time between March 27, 2015 to March 31, 2022.
Two employees have sued Defendants alleging that Defendants failed to provide unionized, non-exempt employees with meal periods, failed to pay all wages owed when employees worked during parts of meal periods as a result of alleged rounding time for meal periods and/or automatically recording meal periods, failed to provide accurate, itemized wage statements reflecting the allegedly rounded and automatically recorded meal periods, and failed to factor in certain forms of compensation when calculating the regular rate of pay for purposes of paying overtime.
The Court has allowed the lawsuit to proceed as a class action on behalf of unionized, non-exempt employees who worked at Defendants’ facilities in Riverside or Chula Vista at any time between March 27, 2015 to March 31, 2022, as more fully described in Section 6 below.
Defendants deny the allegations and deny any wrongdoing. The Court has not decided whether Defendants did anything wrong or whether they owe you any money. There is no guarantee of a monetary award. However, your legal rights may be affected, and you have a choice to make now.
THE LAW PROHIBITS DEFENDANTS FROM RETALIATING AGAINST YOU IN ANY WAY FOR CHOOSING OR REFUSING TO PARTICIPATE IN THE LAWSUIT.
What Are My Options?
Do Not Respond – Remain in the Class
Stay In The Lawsuit And Await Its Outcome, But Give Up Certain Rights.
If you do not respond to this Notice, you will remain in the lawsuit and will keep the possibility of getting money or benefits, if any, that may come from a trial or court judgment if the employees who sued win. But you will be bound by any decisions in the lawsuit and will give up any rights to sue Defendants in a separate action about the same legal claims in this lawsuit for the applicable time period(s), as specified in Section 6 below.
If you remain in this lawsuit as a class member, your personal contact information (name, home address, telephone number, and email address) will be disclosed to Class Counsel identified in Section 8 below.
Opt Out –
Remove Yourself From The Lawsuit And Keep Your Rights, But You Will Not Receive Any Benefits From This Lawsuit.
If you do not want to be part of this lawsuit and be bound by the decisions in it, you can remove yourself—or “opt out”—from the lawsuit. If you opt out, you will keep any rights you may have to sue Defendants in another proceeding about the same legal claims alleged in this lawsuit. However, if you opt out and any money or benefits are later awarded in this lawsuit, you will not receive them.
These options and the deadlines to exercise them are explained more fully in this Notice. To opt out of the lawsuit, you must do so no later than December 12, 2022, as explained in Section 7.B below.
1. Why Did I Get This Notice?
This Notice is to inform you of a lawsuit that is pending in the United States District Court for the Southern District of California. As a current or former unionized, non-exempt employee of Defendants, you may be a member of one or more classes in the case. This Notice is to advise how the lawsuit may affect your rights, so you can make an informed decision whether you want remain in or opt out of the lawsuit.
2. What Is This Lawsuit About?
In this lawsuit, plaintiffs Nathaniel Morgan and Michael Bevan (collectively, “Plaintiffs”) allege that Defendants failed to provide unionized, non-exempt employees with meal periods, failed to pay all wages owed when employees worked during parts of meal periods as a result of alleged rounding time for meal periods and/or automatically recording meal periods, failed to provide accurate, itemized wage statements reflecting the allegedly rounded and automatically recorded meal periods, and failed to factor in certain forms of compensation when calculating the regular rate of pay for purposes of paying overtime.
“Non-exempt employees” means hourly employees who are eligible for overtime pay. “Unionized” means employees who belonged to a union during their employment with Defendants.
3. What Is Defendants’ Position About The Allegations And Claims?
Defendants deny Plaintiffs’ allegations and believe they have done nothing wrong. Defendants believe that they provided legally-compliant meal periods, properly paid wages if an employee worked through any part of a meal period, and properly calculated the regular rate of pay.
4. Has The Court Decided Whether The Allegations Are True Or Who Won The Lawsuit?
No, the Court has not ruled on the merits of Plaintiffs’ claims or Defendants’ defenses. By certifying the class action and issuing this Notice, the Court is not suggesting who will win or lose this case. The winner of the case will be decided at trial. A trial date has not yet been set. You may not need to attend the trial. You will be notified if you need to attend trial.
5. What Is A Class Action?
A class action is a lawsuit brought by one or more individuals on behalf of a group or “class” of other similarly-situated people. In a class action, the plaintiffs and their lawyers represent the interests of the class. In a class action, the Court may resolve claims of all class members collectively and at the same time. Whether the class wins or loses the case, all class members are bound by the decision entered in the case and may not file their own separate lawsuits about the same claims that were decided in the class action for the applicable time period(s).
6. Am I Part Of The Class?
You may be a class member because, according to Defendants’ records, you are or were employed by Defendants as a unionized, non-exempt employee at Defendants’ facilities in Riverside and/or Chula Vista between March 27, 2015 to March 31, 2022.
7. What Are My Rights And Options In This Case?
You must decide now whether to stay in or opt out of the class. The law prohibits Defendants from retaliating against you in any way for choosing or refusing to participate in the lawsuit.
A. If you want to remain a member of the class: Do nothing.
By doing nothing, you will automatically be included in the class. If you remain part of the class and the class is awarded money or benefits as a result of trial or court judgment, you will be notified about how to receive a share of the award. If you do nothing, regardless of who wins at trial, you cannot sue Defendants in any other lawsuit for the same claims that are the subject of the lawsuit for the applicable time period. You will also be bound by any orders and judgments the Court issues in this lawsuit.
By remaining part of the class, your personal contact information (name, home address, telephone number, and email address) will be disclosed to Plaitniffs’ lawyers, who may contact you about the case.
B. If you want to remove yourself from the class: Email or mail a written request to opt out.
If you do NOT want to be part of the class, you must send a written request for exclusion by December 12, 2022, via email or mail. Instructions are described below.
By opting out, you will retain the right to pursue your own claims against Defendants with lawyers of your choosing. However, by opting out, you will not be eligible for class membership, which means that you will not receive any money or benefits that may come from a trial or court judgment in this lawsuit, if any, and you will not be bound by any order or judgment in this lawsuit.
1. By Email
Send an email by December 12, 2022 to firstname.lastname@example.org with the subject line “Morgan v. Rohr – Request to Opt Out of Class.” The body of the email must contain: (1) your name, address, telephone number, and the last four digits of your Social Security number (for verification purposes); and (2) a statement that you “wish to be excluded from the Morgan v. Rohr, Inc. lawsuit.” This email will remove you from the class.
2. By Mail
Alternatively, mail a written request by December 12, 2022 that contains (1) your name, address, telephone number, and the last four digits of your Social Security number (for verification purposes); (2) a statement that you “wish to be excluded from the Morgan v. Rohr, Inc. lawsuit”; and (3) a signature from you or your legal representative. The request must be mailed to:
Morgan v. Rohr, Inc., et al.
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
This written request will remove you from the class.
8. Who Represents The Class?
The Court has appointed the following attorneys to represent Plaintiffs and the class (“Class Counsel”):
Matthew J. Matern
Tagore O. Subramaniam
Julia Z. Wells
Matern Law Group, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, California 90266
Tel: (310) 531-1900
Fax: (310) 531-1901
If you do not submit a timely and valid request to opt out of the Class (as described in Section 7 above), you will be represented by Class Counsel, who will be provided with your name and contact information.
9. How Will The Lawyers Be Paid?
Class Counsel represents Plaintiffs and class members on a contingency fee basis, which means that class members may participate in any ultimate judgment without incurring out-of-pocket expenses. Class Counsel may ask the Court for attorneys’ fees and costs, to be paid from any judgment. It will be the Court’s decision whether or not to approve Class Counsel’s application for attorneys’ fees and costs.
10. May I Get My Own Lawyer?
Although you are not required to do so, you may retain your own lawyer at your own expense. If you choose to retain your own lawyer, your lawyer must make a formal appearance in Court.
11. What If I Need Additional Information?
If you have any questions, additional information can be found at www.ilymgroup.com/Rohr. You also may contact Class Counsel at the address or phone number listed above in Section 8 or the Class Action Administrator by telephone at 1-888-250-6810 or by writing to:
Morgan v. Rohr, Inc., et al.
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
PLEASE DO NOT CALL THE COURT REGARDING THIS CASE.