LUMPERS – A-1 Quality Logistical Solutions, LLC, et al.

Answers to Common Questions

Which workers can be part of this lawsuit?

All current or former lumpers who were employed by A1, at any time from February 2023 to the present, were classified as independent contractors, worked more than 40 hours in a week, did not receive compensation at the rate of time and one-half for all hours worked over 40 in a workweek or suffered deductions from their pay, can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC.

What claims are covered in this case?

The lawsuit covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”). Additionally, it is claimed that A1 violated Virginia wage and hour laws because it failed to 1) accurately classify its lumpers as employees; 2) pay its lumpers overtime wages for hours worked over 40 in a workweek; 3) pay its lumpers the Virginia Minimum Wage for all hours worked.

What damages are sought?

Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case. Damages sought under the Virginia wage and hour laws as well as any other damages dictated by state law including unpaid wages, liquidated and treble damages, any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost, and attorneys’ fees and costs.

How far back can claims be made?

Generally, under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed with the Court. A1 will be entitled to argue that its violations were not willful and that its claims should be limited to only a two-year period preceding the filing of your Consent to Sue.

How do I join the case?

To bring claims under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, you must affirmatively join the case. To request to join this federal case, you must fill out and sign a Consent to Sue form (click here to sign it electronically) or print it out and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail.

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Can I wait to file my Consent to Sue form?

You are not part of the FLSA case until your Consent to Sue Form is filed. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the statute of limitations.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA and Virginia wage and hour laws, if Plaintiffs recover back wages, A1 must pay the Plaintiffs’ costs and attorneys’ fees.

Can A1 fire me or take action against me for joining the case?

The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, A1 would be liable for additional monetary damages. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurred. Retaliation is extremely rare in overtime cases because an employer can suffer such serious penalties.