Get Our Newsletter!
Submit your e-mail:

EXPERIENCED                      SMART                     EFFECTIVE

INFORMATION FOR EMPLOYEES OF
EMERALD CORRECTIONal management, llc

You may need Adobe Reader to view these files.

In late 2006 we filed a lawsuit under the Fair Labor Standards Act (“FLSA”) on behalf of correctional officers who work for Emerald Correctional Management, LLC (“Emerald”). These officers are seeking overtime compensation under the FLSA.

How do I get involved?

• You must have worked as a corrections officer for Emerald in any location within the past three years.
• You must have worked overtime you were not paid for, or not properly paid for (you do not need any records for your overtime hours worked).

To get involved in the lawsuit, you must complete a Consent Form and return it to us immediately for filing with the Court. If you do not return this Consent Form, we cannot include you in the lawsuit. Please note that it is a violation of law for an employer to retaliate against an employee for exercising protected rights under the FLSA, 29 U.S.C. Sec. 215.

How long do I have to join the suit?

You should join the lawsuit immediately if you are eligible.

There is a statute of limitations in this case that only allows you to recover pay for overtime hours worked within 2 years of signing up for the lawsuit. If we can prove the company willfully violated the law, the statute of limitations may be extended to 3 years. We call the 2 or 3 year period the “window of recovery”.

If you delay in signing up for the case some, or all, of your unpaid overtime hours that are currently recoverable may fall outside the “window of recovery” and we then will not be able to collect overtime for you for those hours. Additionally, at some point the case will be closed for new plaintiffs, or will be resolved through settlement or judgment. If you delay, your claims may lose value and the case may be resolved before your claims can be added.

Therefore, it is important that you return your Consent Form immediately to avoid losing overtime pay because of the statute of limitations.

How can I get more information?

If you believe you are eligible to join this lawsuit, or have any questions about this case, please contact my law office at (915) 542-1900, or by email at dkern@kernlawfirm.com.  If you are not sure if you are eligible to participate in this case, or you believe you have a case similar to this one, please complete an overtime claim submission form for review.

Please do NOT contact the Court or the Judge directly.

UPDATES

You may need Adobe Reader to view these files.

Overtime pay lawyer David L. Kern is Board Certified Specialist in Labor & Employment Law.  Overtime pay lawyer David L. Kern has practiced labor and employment law for more than 20 years and received certification from the Texas Board of Legal Specialization in 1993 as a Board Certified Labor and Employment Law specialist.  Less than 1% of Texas attorneys receive this certification.  Mr. Kern's fellow lawyers have recognized him as one of The Best Lawyer's In America (2005,2006, and 2007 Editions) and as a Texas Super Lawyer (2006). Overtime pay lawyer David L. Kern routinely handles overtime cases and other employment law cases in state and federal court.  Overtime pay lawyer David L. Kern is also experienced with proceedings involving the Equal Employment Opportunity Commission, the Department of Labor, and the Texas Workforce Commission.

The principle office of David L. Kern, P.C. is located in El Paso, Texas.  In addition to employees in El Paso, overtime pay lawyer David L. Kern also represents employees nationwide in overtime pay cases.

Because e-mail is not completely secure, you may wish to contact my office by mail or by phone.  Most potential clients contact us by transmitting an Overtime Claim Form via the internet.  If you prefer, you may print the Overtime Claim Form and mail it to us or fax the Overtime Claim Form to us at (915) 242-0000.  Submission of the Overtime Claim Form, use of this website, or other contact with Kern Law Firm PC or overtime pay lawyer David L. Kern does not create an attorney-client relationship.  Such a relationship can only be created by a written agreement signed by the client and by overtime pay lawyer David L. Kern.

David L. Kern is the attorney responsible for this website.