This is a copy of the Notice that was mailed to you.
OFFICIAL COURT-ORDERED NOTICE
(THIS IS NOT A SOLICITATION FROM A LAWYER)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Katz v. Equinox Holdings, Inc
Case No. 1:20-cv-09856 (S.D.N.Y.)
You Are Receiving The Notice Because You Are or Were:
- Employed by Equinox Holdings, Inc. in New York State as a Tier 3, Tier 3+, or Tier X Trainer at any point from May 13, 2018, to June 26, 2022; and
- Performed eighteen (18) or more personal training sessions in a single week.
***AND/OR***
- Employed by Equinox Holdings, Inc. in New York State as a Tier 1 or Tier 2 Trainer at any point from February 9, 2019, to June 26, 2022; and
- Worked at least four days in a single week.
- The purpose of the Notice is to advise you of a lawsuit that has been filed against Equinox Holdings, Inc. (“Defendant”) pursuant to the Fair Labor Standards Act (FLSA) and to advise you of your right to participate in that lawsuit.
- Plaintiffs Monique Katz and Yetkaterina Skidanenko (collectively, “Plaintiffs”) claim Defendant failed to pay Tier 1, Tier 2, Tier 3, Tier 3+, and Tier X Trainers overtime pay for all hours worked in excess of forty (40) per week.
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If you join this lawsuit and Plaintiffs prevail, you may be entitled to overtime wages and other damages.
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The Court has allowed the Notice to be sent under the Fair Labor Standards Act (“FLSA”) to:
All persons who were employed by Defendant as Tier 3, Tier 3+, or Tier X Trainers within the State of New York from May 13, 2018, to June 26, 2022, who performed eighteen (18) or more personal training sessions in any one workweek during this period.
***AND***
All persons who were employed by Defendant as Tier 1 or Tier 2, Trainers within the State of New York from February 9, 2019, to June 26, 2022, who worked four (4) or more days in any one workweek during this period.
- Although the Court has authorized the Notice, it has not yet decided whether Defendant violated any laws or whether you or Plaintiffs are entitled to money or other relief.
- Your legal rights to participate in the lawsuit are subject to the choices below:
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
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| ASK TO BE INCLUDED |
If you would like to participate and share in any monetary recovery that might come from a trial or a settlement in this lawsuit, you must sign and return a Consent to Join Form by December 2, 2022 to Katz v. Equinox Holdings, Inc., c/o JND Legal Administration, PO Box 91391, Seattle, WA 98111 .
You may sign and submit the Consent to Join Form in the following ways:
- You may electronically sign and return the “Consent to Join” form, which can be accessed here, and submitted no later than December 2, 2022, or
- You may complete the form included with the Notice and mail it in the enclosed addressed, postage-paid envelope so that it is postmarked no later than December 2, 2022, or
- You may complete and send the enclosed form by fax to 1-844-383-2400, or email it to info@EquinoxLawsuit.com so that the administrator receives it no later than December 2, 2022.
By signing and returning the Consent to Join Forms in one of these ways, you will “opt in” and become a member of the group of Employees participating in this case (also called the “collective”).
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| DO NOTHING |
By doing nothing, you give up the possibility of a monetary recovery that may come from a trial or settlement of the FLSA claims if those bringing the lawsuit are successful.
You keep any rights to sue the Defendant separately about the same legal claims in this lawsuit. You should be aware that your time to bring FLSA claims is limited by either a two or three-year statute of limitations and continues to run.
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