Attention All COBA Members and Retirees;

Once again I bring to your attention that COBA has filed a Federal Fair Labor Standards Act Lawsuit against the County and the Sheriff for failing to timely pay overtime and premium pay. Over 400 members have already filed to be included in this action. To be included YOU MUST sign a "Consent to Join" Form. The form and instructions on what to do are included in this memo below. You must act. It cannot be done for you. It is not a Class Action where the Union can file on your behalf.

You must opt in.

The following is a breakdown of the Action:

COBA has filed a Federal Lawsuit against the Sheriff and Nassau County in U.S. District Court in Central Islip, wherein we allege that the Sheriff and Nassau County violated the Fair Labor Standards Act ("FLSA") by routinely withholding portions of our pay, including overtime and other premium wages beyond the normal bi-weekly pay period. This lawsuit alleges that this practice is illegal under the FLSA. Nassau County employees are paid on a bi-weekly payroll schedule and too often a portion of your earned wages (such as OT and holiday pay) is withheld then later paid in the following payroll check, if not later. This practice has forced us on several occasions to wait up to four weeks or more to be paid our earned wages.

The attorneys representing us in this lawsuit are the firm of Virginia & Ambinder, LLP ("V&A") who are specialists in the area of the FLSA and Wage and Hour Disputes, and Koehler & Isaacs, LLP ("K&I") who are our Labor Attorneys. Affected COBA Members employed by Nassau County since April 2014 (including recent retirees) are eligible to participate in this lawsuit as long as they file the enclosed Consent to Join Form ("Consent Form") indicating your desire to participate in this case. The statute of limitations under the FLSA is 2 or 3 years from the date you file the Consent Form.

Under the Fair Labor Standards Act there is no such thing as a Class Action Lawsuit. The Union cannot file on your behalf. You MUST consent to have yourself included in this action.

To participate in the lawsuit, you must complete the attached Consent Form (See download links below) and either send it directly to Virginia and Ambinder via email, regular mail or fax; or you can simply give it to any COBA Union Official. If you do not file the Consent Form, you will not be able to participate in the lawsuit. Therefore, you will not receive a share of any proceeds of any potential settlement or judgment if the case is successful. There is no out of pocket cost to you or the Union for the legal services provided, and, like all lawsuits, there is no guarantee of a favorable outcome.

If you require assistance, or have questions please contact the Union or you may contact the Attorneys directly at Virginia & Ambinder, LLP, 40 Broad Street, 7th Floor, New York, N.Y. 10004, Fax: 212-943-9082, Tel: 212-943-9080, Website: www.vandallp.com, Email: nassaucounty@vandallp.com                                                                                                                                                          

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Enclosure: Consent Form Attached

Click here to download the Consent Form from the COBA website (must be logged in to access)

If you do not have a login, click here to download.