Bird Electric Enterprises, LLC (Dept. 16)
Case Information:
This is a Fair Labor Standards Act (FLSA) case brought by a former electrician for Bird Electric. The lawsuit claims that Bird Electric required that its electricians work off-the-clock both before and after scheduled shifts. During this alleged off-the-clock work, the electricians picked-up and dropped-off tools, machinery, and equipment; attended safety meetings; completed paperwork; and drove to and from the job site.
The lawsuit requests lost wages liquidated (double) damages, injunctive relief, and attorneys’ fees.
The document that starts a lawsuit is called a Complaint. Click here to read the Complaint in this case.
The case consists of thirty electricians from Department 16.
Status Updates
June 17, 2019 - Court Grants Motion for Corrective Notice in Part
On June 17, 2019, the Court granted in part Plaintiff’s Motion for Corrective Notice. You can read the order here. The Court found that Bird Electric’s Dispute Resolution Agreement (DRA), rolled out during the notice period for some class members, had the potential to confuse class members regarding their eligibility to join this case. Therefore, the Court ordered that corrective notice be given to the affected class members who were employed by Bird Electric at the time the DRA was rolled out and reopening the notice period for those individuals.
June 17, 2019 - Courts Grants Motion to Compel Discovery in Part
On June 17, 2019, the Court granted in part Plaintiff’s Motion to Compel Discovery. You can read the order here. The Court ordered that Bird Electric produce (1) Invoices relating to work performed by Plaintiffs during the actionable period; (2) the Master Service Agreement between Bird Electric and Pioneer Natural Resources; and (3) Communications during the actionable period involving plaintiffs and their supervisors or management related to the case.
March 26, 2019 - Plaintiff's Motion to Compel Discovery Briefing Complete
On March 14, 2019, we filed a motion to compel discovery from Bird Electric. Specifically, we are requesting: (1) Invoices relating to work performed by Plaintiffs during the actionable period; (2) Master Service Agreements between Bird Electric and its customers that cover work performed by Plaintiffs during the actionable period; and (3) Communications during the actionable period involving plaintiffs, their supervisors or management, or the class members relating to hours worked, unpaid work time, unpaid overtime, off-the-clock work at the yard, unpaid driving time, and off-the-clock work at jobsites. Bird Electric responded to the motion, which you can view here. We filed our reply on March 26, 2019, which closed the briefing on this motion.
November 5, 2018 - Parties File Agreed Motion to Toll Limitations and Issue Supplemental Notice
On November 5, 2018, we filed an Agreed Motion to Toll Limitations and Issue Supplemental Notice. The motion advises the Court that Bird Electric discovered that some electricians in Department 16 had not been disclosed to Plaintiff’s counsel (and thus did not receive notice of the lawsuit). The motion states that Bird Electric agrees to disclose those individuals as well as all foremen and general foremen in Department 16 during the relevant time period. Those newly discovered individuals’ FLSA claims will also be equitably tolled back to April 16, 2018. The proposed order, if granted, would permit Plaintiff’s counsel to send the newly disclosed class members notice of the lawsuit through mail and text message. Finally, the Agreed Motion resolves Plaintiff’s October 9, 2018 Motion to Compel Compliance with Order Certifying Class
October 9, 2018 - Briefing Complete on Motion to Compel Compliance with Order Certifying Class
On October 9, 2018, the briefing closed on Plaintiffs’ Motion to Compel Compliance with Order Certifying Class or, in the Alternative, Motion to Conditionally Certify a Second Class of Electricians. In the briefing, we claim that Bird Electric did not disclose the identity of all of the class members (Electricians in Department 16), including foremen and underground lineman electricians. Therefore, we requested that the Court order Defendant to disclose those individuals and permit us to send them notice of the case informing them of their right to join. You can read Plaintiffs Motion, Defendant’s Response, and Plaintiffs’ Reply here.
May 3, 2018 – Notice Delivered to Class Members
On May 3, 2018 we sent out the Court-approved Notice and Consent Form. Those who wish to join the suit must fill out the Consent Form by July 16, 2018.
April 14, 2018 – Court Certifies Class
On April 14, 2018, the Court conditionally certified a class of current and former Electricians who worked for Bird Electric in Department 16 at any time from April 10, 2015 to the present. You can view the order here. The Court also directed Plaintiffs’ counsel to send all class members a court-approved notice regarding the lawsuit and a consent to join the lawsuit. Finally, the Court directed Bird Electric to post the notice and consent form in all locations where currently employed class members work.
These individuals have the right to join the lawsuit regardless of their immigration status. Bird Electric cannot retaliate against these individuals for joining the lawsuit. This means they cannot be fired, demoted, or have their pay cut because they participate in the case.
Eligible individuals who would like to participate in the lawsuit must fill out the “Consent to Join” form by July 9, 2018.
February 15, 2018 – Complaint Filed
Read the Complaint here.
