BORDER PATROL FLSA LAWSUIT ANNOUNCED

Dear Border Patrol Brothers and Sisters,

As you may know, many Border Patrol union members have joined certain Fair Labor Standards Act (“FLSA”) overtime lawsuits in an attempt to recover overtime-related damages that accrued for the three (3) years prior to becoming FLSA-exempt on January 10, 2016. However, those lawsuits were strictly limited to union members.

Because there are many non-union members who are interested in pursuing an FLSA overtime claim, the Fraternal Order of Police, Arizona Federal Lodge has retained the law firm, Yen Pilch & Landeen P.C., to pursue and file a FLSA overtime lawsuit in federal court. Thus, all non-union members now have an opportunity to sign up for this lawsuit, and only those non-union members who sign up and become plaintiffs will be eligible to receive any damages from this lawsuit if it is successful. This lawsuit will be open to all Border Patrol Agents who are non-union members and who were entitled to FLSA overtime pay prior to the implementation of the Border Patrol Agent Pay Reform Act on January 10, 2016. This will include all first line supervisors, (Supervisory Border Patrol Agents) or anyone who held a first-line supervisory position and received FLSA1.

Arizona Federal Lodge believes that everyone should have equal access to this lawsuit, irrespective of FOP membership. Therefore, if are employed by the Border Patrol and received FLSA1, whether or not you are a member of Arizona Federal Lodge or the Fraternal Order of Police, you are eligible to become a party to this lawsuit. If you are a member of Arizona Federal Lodge or any FOP Lodge in Arizona and are no longer employed by the Border Patrol, you may still be eligible to join the lawsuit1.

Because you are a member of Arizona Federal Lodge, you are receiving this newsletter first. However, please help us get the word out to all Border Patrol Agents and Supervisory Border Patrol Agents throughout the nation of this news.

If you have any questions, please see the Q&As (attached and below). If you are interested in participating in this lawsuit, please scroll to the bottom of the Q&A’s (below) and you will find the LINK TO THE RETAINER AGREEMENT.

If you have any questions, send an email to usbpfopflsa@gmail.com or you may also contact our law firm directly anytime by calling 602-241-0474 or via email at summer.g@ypllaw.com.

Sincerely,

Peter Shepard, President
Arizona Federal Lodge
Fraternal Order of Police
State Trustee

1See Questions and Answers sheet.

Questions and Answers

Q: Who is eligible to become a party of the lawsuit?
Any Border Patrol Agent that received FLSA prior to BPPRA in January 2016.

Q: Are Supervisory Border Patrol Agents included?
Yes. As long as they received FLSA prior to BPPRA in January 2016.

Q: Are Border Patrol Agent Intelligence, included?
Yes, as long as they received FLSA prior to BPPRA in January 2016.

Q: I was promoted to a Second Line Supervisor prior to BPPRA, am I eligible? Yes, all Second Line Supervisors are eligible as long as they received FLSA at any during the period of three years prior to January 2016.

For example: If the Second Line Supervisor held a SBPA position from January 2013 and was promoted to SOS in January 2015, the Second Line Supervisor is eligible for compensation for the timeframe they held the SBPA position.

Q: I am not a member of Arizona Federal Lodge, am I eligible?
Yes. All eligible Border Patrol Agents, regardless of FOP membership are eligible.

Q: I am a member of another FOP Lodge, am I eligible?
Yes. All eligible Border Patrol Agents, regardless of FOP membership are eligible.

Q: I am already party to the lawsuit through the union, am I eligible?
No, if you have already signed up for the union’s lawsuit, you are not eligible.

Q: I am eligible to become a member of the lawsuit but I reside in another state, am I still eligible?
Yes. This is open to any Border Patrol Agent regardless of residency.

Q: I was employed by the Border Patrol but transferred to another Federal agency, am I still eligible?
Yes. However, you must hold a law enforcement position and be a member of the FOP, regardless of lodge or state to be eligible.

Q: I was employed by the Border Patrol but left Federal service, am I still eligible?
No. You must still be employed by a Federal law enforcement agency.

Q: I was employed by the Border Patrol and transferred to another Federal agency in a non-law enforcement position, am I still eligible?
No. You must be employed as a Federal law enforcement officer or agent.

Q: I retired from the Border Patrol, am I eligible?
Yes, as long as you met the requirements prior to your retirement date.

Q: What’s next? If you interested in joining the lawsuit, you must complete the RETAINER FORM (Link Below).
There are two ways to complete this process. Please note, only competed forms will be accepted, with original signatures.

All forms must be sent though the U.S. MAIL. No emailed forms will be accepted.

-DO NOT EMAIL THE COMPLETED FORM TO THE PROVIDED EMAIL ADDRESSES.-

Download the PDF version (LINK BELOW) and fill in the required information on page 3. Sign the document in BLACK INK and mail the completed document to:

Yen Pilch & Landeen, P.C.,
6017 N. 15th St
Phoenix AZ 85014
Attn.: Border Patrol FLSA

OR

Send an email to summer.g@ypllaw.com or usbpfopflsa@gmail.com, you must provide your name, address and phone number. You will then receive by mail, the retainer and a self-addressed stamped envelope.

Should you have additional questions or concerns please contact any eboard member or lodge trustee.

Click here for: Retainer Agreement Form – Plaintiff

Posted in FLSA LAWSUIT | Comments Off on BORDER PATROL FLSA LAWSUIT ANNOUNCED