JAMES MEBANE and ANGELA WORSHAM v. GKN DRIVELINE NORTH AMERICA, INC.

Case No.: 1:18-CV-892-LCB-LPA

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

TO: INDIVIDUALS WHO WERE, ARE, OR WILL BE EMPLOYED AT DEFENDANT GKN’S NORTH CAROLINA FACILITIES ON THE MANUFACTURING FLOOR IN NON-MANAGERIAL POSITIONS WHO WERE NOT COMPENSATED ALL PROMISED, EARNED, AND ACCRUED WAGES DUE TO DEFENDANT’S ROUNDING POLICY, INCLUDING, BUT NOT LIMITED TO, COMPENSATION FOR ALL REQUIRED HOURS WORKED UP TO FORTY (40) IN A WEEK AND FOR HOURS WORKED ABOVE FORTY (40) IN A WEEK, WITHIN TWO YEARS PRIOR TO THE COMMENCEMENT OF THIS ACTION, THROUGH THE PRESENT.

A lawsuit has been brought against GKN Driveline North America, Inc. (“GKN Driveline”). Plaintiffs James Mebane and Angela Worsham allege that GKN has violated the Fair Labor Standards Act (“FLSA”) by not compensating manufacturing floor employees for all time worked, including, but not limited to hours worked in excess of 40 per week for required start-up activities before the beginning of their paid shifts, and required end-of-shift activities after the conclusion of paid shifts, based on a corporate policy wherein employees’ time is only compensated from their scheduled start and/or end time of each shift, unless overtime worked was approved. Specifically, Plaintiffs allege that GKN Driveline failed to compensate employees at a rate of one-and-one half times their regular rate of pay for required work performed in excess of forty (40) per week. Plaintiffs seek to recover overtime wages due, liquidated damages in an equal amount, reasonable attorneys’ fees and costs, and all other legal and equitable relief as the Court deems just and proper.

The Court has allowed the lawsuit to be certified as a class action under the North Carolina Wage and Hour Act (“NCWHA”) and as a collective action under the Federal Fair Labor Standards Act (“FLSA”) on behalf of employees affected by Defendant’s rounding policy.

The Court has not decided whether Defendant did anything wrong. There is no money available now, and no guarantee there will be any. However, your legal rights are affected, and you have a choice to make now, and you must act before March 22, 2021:

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

FEDERAL LAW CLAIM

WHAT YOU MAY DO:

FILL OUT AND SEND MAIL THE CONSENT TO JOIN FORM ENCLOSED IN THIS NOTICE.

By filling out and sending in the Consent Form, you will be bound by all decisions of the Court and will have the right to share in a monetary recovery, if any. You will also give up the right to sue Defendant separately about the same legal claims in this case.

DO NOTHING: STAY OUT OF THE CASE. HOWEVER, YOU ARE STILL A MEMBER OF THE CLASS AS STATED BELOW.

If you do not fill out and send in the Consent to Join Form you will not become a party to this case. You will not be bound by any decision of the Court and will not share in any potential monetary recovery, if any that may be awarded. But you keep any rights to sue Defendant separately about the same legal claims in the case, provided you do so in a timely manner.

NORTH CAROLINA STATE LAW CLAIM

WHAT YOU MAY DO:

YOU ARE AUTOMATICALLY A MEMBER OF THIS CASE UNLESS YOU “OPT OUT”.

You will be represented by the attorneys designated by the Court to represent the class (“class counsel”) unless you exclude yourself from the class.

IF YOU WISH TO EXCLUDE YOURSELF, YOU MUST OPT-OUT.

If you do not want to participate in this class action part of the case, you must send the opt-out form by mail or email to: GKN Driveline Lawsuit Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, info@GKNClassActionLawsuit.com If you do not participate in this class action part of the lawsuit, you will not be eligible to receive any benefits in the event that a settlement or judgment is obtained on this claim. If you do not opt-out of this class action you will be bound by the judgment of the Court on all issues, whether favorable or unfavorable.