AIMCO FREQUENT QUESTIONS & ANSWERS
Q: Who may join the Chase v. AIMCO lawsuit?
A: Any present or former hourly-paid service or maintenance technician or service manager who has worked for AIMCO at any time between August 9, 2000 and the present, and who claims he or she was not paid fully for all time spent while on call. If you are not certain whether you are eligible to join this lawsuit, you may contact us for advice at 1-800-290-3132.
Q: How do I join this lawsuit?
A: You must fill out and return the Notice of Consent form by February 4, 2006. Merely speaking with or contacting the attorneys is not enough. A copy of the Notice of Consent was included in the mailing you received, or you may access the consent form here. The Notice of Consent must be mailed to:
Attention: Karen Schmidt
Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
1100 New York Ave., N.W.
West Tower, Suite 500
Washington, D.C. 20005
Q: May I still join the lawsuit if I am unable to complete all of the information requested on the second page of the Notice of Consent?
A: Yes. Fill out the information as best you can, but it is not required for you to join the lawsuit.
Q: Are my conversations with attorneys for plaintiffs confidential?
A.: Yes. Any conversations you have with attorneys for plaintiffs are confidential, regardless of whether you decide to join this lawsuit.
Q: What happens if I join this lawsuit?
A: If you join, you will be represented by the named plaintiffs and their attorneys. In the event that the parties settle the lawsuit or the court enters a judgment against AIMCO, you would be eligible to receive payment for the hours for which you did not receive overtime compensation. In the event you join the lawsuit and the court rules against the plaintiffs, you will receive no monetary relief and you will be bound by that ruling. You will not be permitted to file your own lawsuit against AIMCO for the same violations of the Fair Labor Standards Act.
Q: If I join this lawsuit, what are my responsibilities?
A: A majority of the individuals who join the lawsuit will probably not be required to do anything after they return the Notice of Consent. You may, however, be required to produce certain documents related to your work at AIMCO and respond under oath to written questions. In addition, some individuals may be required to testify. If you have any questions about your responsibilities, contact us at 1-800-290-3132.
Q: If this lawsuit is successful, how much money will I receive?
A: The amount you will be entitled to receive depends on the number of hours you worked without receiving overtime pay. The amount is calculated as follows: your overtime pay rate multiplied by the number of hours you worked without being paid. It is possible that this amount may be doubled where federal law permits.
Q: As long as the Notice of Consent is postmarked by February 4, 2006, does it make a difference if I return it earlier?
A: Yes. Federal law limits your right to recover lost wages to 2 (or in some cases, 3) years before the date on which your Notice of Consent is filed with the Court. This means that if you return the Notice of Consent today you will be eligible to recover unpaid overtime for a longer period of time than if you return it on February 4, 2006. The earlier you return the form, the more unpaid overtime you may be eligible to receive.
Q: How will my attorneys be paid?
A: You will not be required to pay any attorneys’ fees out of your pocket. Instead, if the plaintiffs are successful in this case, the lawyers will be paid out of monies that are awarded to the plaintiffs. The amount of fees payable to the plaintiffs’ lawyers must be approved by the Court. In no event will the amount of attorneys’ fees paid to the lawyers ever exceed 1/3 of the total monies awarded to the plaintiffs.
Q: What should I do if I believe AIMCO has retaliated or discriminating against me for joining this lawsuit?
A: Federal law prohibits AIMCO from retaliating or discriminating against you in any way if you choose to join this lawsuit. If you feel you have been retaliated against by AIMCO or one of its employees because you have decided to join this lawsuit, you should contact us immediately at: 1-800-290-3132.
Q: Who has joined the lawsuit so far?
A: Thus far, 43 individuals from the following states have joined the lawsuit: Arkansas, Arizona, California, D.C., Florida, Georgia, Indiana, Kentucky, Maryland, Massachusetts, Missouri, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas, and Virginia.
Q: Will AIMCO know if I join this lawsuit?
A: Yes. The federal law that applies to this case requires that each person who wishes to bring a claim be identified to the Court. Since the Court’s record is public, AIMCO will know of your decision to join this lawsuit (just as employers in other wage and hour cases know who decides to join those actions).
