Case Information
Brumley v. Camin Cargo Control, Inc.
Consent to Sue Form
If you have also worked for this defendant you can join this case by completing this Consent to Sue form and mailing it to the Getman Sweeney. You need the free Acrobat Reader installed to view the form.
Final Consent to Sue.pdf (7 KB)
Class members include field inspectors that worked for Defendant and were paid overtime under the Defendant’s half-time or “Chinese Overtime” method.
Status Reports
- Posted on Wednesday, September 24 2008 at 4:59pm
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We filed the Complaint, the document that starts a lawsuit and specifies the claims, on April 11, 2008. You can review the Complaint here (1 Complaint.pdf 240KB). Camin Cargo then answered the Complaint and denied that it violated the Fair Labor Standards Act. View Camin Cargo’s Answer here (6 Answer.pdf 22KB).
On June 25, 2008, Nathan Brumley filed a motion asking the Court to approve sending a notice to all inspectors informing them of their right to join this case. Instead of litigating the motion, the parties agreed upon the contents of the notice and the terms of mailing. On September 15, 2008 the parties sent the agreement to Judge Linares for his approval. We are waiting for the Judge’s approval of the agreement. Once the agreement is approved, we will mail notice to current and former inspectors informing them of the right to join this case.last edited on Wednesday, September 24 2008 at 5:00pm
- Posted on Thursday, October 16 2008 at 5:17pm
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Today we mailed the Court-authorized Notice to current and former inspectors informing them of their right to join this case. You can view the Notice and the Consent to Sue form here (Final Notice Mailed.pdf 19KB). If you want to join this case, the last day to mail us the Consent to Sue form is December 15, 2008. Remember, however, with each passing week your claims may expire. In other words, if you wait a month to file your consent, you may have lost a month of overtime claims. So it is important send us the Consent to Sue form promptly. If you have any questions, contact us at Getman Law Office, 9 Paradies Lane, New Paltz, NY 12561; phone (845) 255-9370; e-mail kweiss@getmanlaw.com.
last edited on Thursday, October 16 2008 at 5:24pm
- Posted on Wednesday, April 8 2009 at 11:28am
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On March 31, 2009, U.S. District Court Judge Jose L. Linares ordered Camin Cargo to re-opening the opt-in period in this case and post a supplemental notice in each its offices where inspectors work. Click here for a copy of the Order (100 Order on Supp Notice.pdf 37KB).
The supplemental notice is as follows:
"Plaintiffs have alleged that Camin Cargo has attempted to illegally discourage participation in this action through communications with current employees. Camin Cargo denies the allegation.
The Court finds, and Camin Cargo agrees, that retaliation or discrimination against anyone, including current employees, for joining this action is strictly prohibited by law.
To avoid any possible chilling effect Camin Cargo’s actions may have had, the Court has extended the period for joining this case for a period of 30 days from the date of this Supplemental Notice."
If you are a current and former inspector employed by Camin Cargo Control, Inc. at any time since July 8, 2005, you may join this action by filing out a Consent to Sue and sending it to our office before April 30, 2009.last edited on Wednesday, April 8 2009 at 11:29am
- Posted on Wednesday, August 26 2009 at 10:36am
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To date, 64 field inspectors who worked in Camin Cargo offices across the United States have joined this action as Plaintiffs. The case is in the discovery stage in which the parties, both the Plaintiffs and Camin Cargo Control, Inc. have the opportunity to discover information from the other side. The reason for discovery is to bring out all the facts in the case and resolve whatever issues can be resolved before trial. We have already exchanged thousands of documents with Camin Cargo and both sides have responded to interrogatories (written questions). Depositions, live interviews of witnesses, are taking place over the next few months. Discovery is scheduled to end November 1, 2009.
- Posted on Thursday, December 10 2009 at 4:07pm
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Plaintiffs have been pushing for an end to discovery. On December 9, 2009, Magistrate Judge Cecchi ruled that discovery will end on December 31, 2009. We expect that we will be able to submit a summary judgment motion in the near future so that the Court can determine whether Camin Cargo’s “Chinese overtime” method of paying overtime wages violated federal law. She scheduled a status/settlement conference for January 19, 2010. At that conference, we expect the Court to set a schedule for the parties to submit summary judgment motions.
- Posted on Friday, March 5 2010 at 5:30pm
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On March 1, we filed a motion with the Court asking it to rule that Camin Cargo’s half-time overtime pay method was illegal and that Camin Cargo is required to recalculate overtime pay based on the FLSA's default method—time and one half the hourly rate (all compensation earned in the week divided by 40 hours). Click here to see a copy of Plaintiffs' Brief (Plaintiff's Brief.pdf 197KB). Our motion was aided by a recent decision in the same court that aspects of Intertek’s half-time overtime pay method—aspects that are common to Camin Cargo’s overtime pay method—violated the law. Click here to see the Intertek Decision (Intertek Decision.pdf 68KB). While the Intertek decision does not bind the Court in this case, it strongly suggests that Camin Cargo’s pay method violated the law.
The motion will be fully briefed on April 5, 2010. Only people who have submitted a Consent to Sue in the action will be able to recover in the case.last edited on Friday, March 5 2010 at 5:37pm
- Posted on Thursday, April 22 2010 at 5:01pm
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The Court ruled for the Plaintiffs today, finding that Camin Cargo must pay back overtime wages to any Plaintiffs who received day-off or holiday pay. That means that Camin Cargo must pay those Plaintiffs the difference between overtime calculated at time-and-a-half and the overtime the Company paid under its "Chinese" overtime method. Click here to see the Opinion. (Summary Judgment Opinion.pdf 114KB)
Only the people who have joined this action are eligible to recover in it. Inspectors who worked for Camin Cargo in the past 3 years but have not joined this case can contact our office to find out how to recover their back overtime wages.
The Court reserved judgment on the issues of whether Camin Cargo is liable for liquidated damages and a third year of claim. Those issues are reserved for trial. A trial date has not been set.
last edited on Thursday, April 22 2010 at 5:03pm