NANCY ROARK, individually and on behalf of all others similarly situated,

 

                        Plaintiff,

            vs.

 

JOEL BIEBER, LLC T/A THE JOEL BIEBER FIRM,

 

                        Defendant.

 

 

 

 

 

           

Case No.: 3:24-cv-00600-HEH

 

NOTICE OF YOUR RIGHT TO JOIN A PENDING COLLECTIVE ACTION LAWSUIT

 

 

TO:     ALL ATTORNEY SUPPORT STAFF, PARALEGALS, AND OTHER NON-ATTORNEY OFFICE PERSONNEL WHO WORKED FOR JOEL BIEBER FIRM AT ANY TIME FROM AUGUST 26, 2021 TO THE PRESENT

 

RE:     UNPAID WAGES AND OVERTIME LAWSUIT FILED AGAINST THE JOEL BIEBER FIRM.

 

I. INTRODUCTION 

The purpose of this notice is to:

  • 1) Inform you that a collective action lawsuit exists that you may join
  • 2) Advise you of how your rights may be affected by this lawsuit, and
  • 3) Instruct you on the procedure for participating in this lawsuit, should you choose to do so.

 

 II. DESCRIPTION OF LAWSUIT

A lawsuit has been brought against Joel Bieber, LLC t/a The Joel Bieber Firm (“Defendant” or “Joel Bieber Firm”). Named Plaintiff Nancy Roark (“Named Plaintiff”) alleges that Joel Bieber Firm has violated the Fair Labor Standards Act (“FLSA”), Virginia Wage Payment Act (“VWPA”), and Virginia Overtime Wage Act (“VOWA”) by failing to pay for all hours worked, including overtime compensation for hours worked over 40 each work week. Named Plaintiff seeks to recover all wages and overtime compensation due, liquidated damages in an equal amount, prejudgment interest, treble damages, reasonable attorneys’ fees and costs, and all other legal and equitable relief as the Court deems just and proper.

 

Defendant denies Named Plaintiff’s allegations, denies that it is liable for any damages, and asserts several affirmative defenses which could potentially preclude Named Plaintiff’s claims in whole or in part. 

 

III. COMPOSITION OF CLASS

Named Plaintiff seeks to sue on behalf of all attorney support staff, paralegals, and other non-attorney office personnel who worked for Joel Bieber Firm at any time from August 26, 2021, to the date of final judgment.

 

IV. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT 

According to Joel Bieber Firm’s personnel records, you were employed by Joel Bieber Firm as a attorney support staff, paralegals, or other non-attorney office personnel during the relevant time period. Therefore, you may be entitled to join this lawsuit.  To join in the claims raised in this lawsuit, complete and mail, fax, or email a signed copy of the enclosed Consent to Join Form to Plaintiff’s lawyers at the following mailing address or email address:

 

Zipin, Amster, & Greenberg LLC
Attn: Camila Portocarrero
8757 Georgia Avenue, Suite 400
Silver Spring, Maryland 20910
E-mail: rtucci@zagfirm.com
Fax: (240) 839-9142

 

To join this lawsuit, you must return the signed Consent to Join form to Named Plaintiff’s lawyers in time for the lawyers to publicly file your consent to join this lawsuit as a plaintiff with the United States District Court for the Eastern District of Virginia, Richmond Division. Your Consent to Join form must be submitted or postmarked by no later than August 25, 2025. A first class self-addressed and stamped envelope is included for your convenience. You may also submit a Consent to Join form online by visiting jbfirmcollectiveactionlawsuit.com. Plaintiff’ lawyers will file with the Court all Consent to Join Forms that have been filled out, signed, and postmarked on or before August 25, 2025.

 

If you file a Consent to Join Form, your continued right to participate in the suit may depend upon a later decision by the Court that you are an appropriate participant in accordance with federal and/or Virginia law.

 

V. EFFECT OF JOINING OR NOT JOINING THIS LAWSUIT

If you choose to join the lawsuit, you will be bound by any ruling, judgment or settlement, favorable or unfavorable. While the lawsuit is proceeding, you may be required to provide information or otherwise participate in the lawsuit, including answering written questions under oath, providing documents, or giving sworn testimony.

 

If you choose to join this case by filing a Consent (“Opt-in”) Form, you will be agreeing to representation by Plaintiff’s Counsel. The specific terms and conditions of representation are set forth in Section VIII and in the Consent to Join Form.   By joining this lawsuit, you designate Named Plaintiff as your agent to make decisions on your behalf concerning all matters pertaining to this lawsuit.  Unless you timely indicate to Named Plaintiff’s lawyers that you no longer wish Named Plaintiff to represent your interests, you will be bound to decisions and agreements made by Named Plaintiff, including agreements with Named Plaintiff’s lawyers regarding attorneys’ fees and costs.

 

You are not required to participate in this lawsuit. If you choose not to join this lawsuit, you need not do anything. If you choose not to join the lawsuit, you will not be bound by any ruling, judgment or settlement entered in the case, favorable or unfavorable.  You will not receive a share of any judgment or settlement obtained.  If you choose not to join this lawsuit, you will retain any rights you may have under the FLSA, VWPA, and VOWA. If you choose not to join this lawsuit, you are free to hire your own lawyer, take action on your own, or do nothing at all.

 

VI. STATUTE OF LIMITATIONS

Plaintiff’s claims in this lawsuit are limited to a three-year statute of limitations. If you choose to join this lawsuit, you may be able to recover damages if you were improperly denied compensation only for time worked within the two or three years prior to the date Plaintiff’s lawyers file your Consent to Join Form with the Court. If you choose not to join this lawsuit, or choose to bring your own action, some or all of your potential claims may later be barred by the applicable statute of limitations.

 

VII. NO RETALIATION PERMITTED

The law prohibits retaliation against employees for exercising their rights under the FLSA, VWPA, and VOWA. Therefore, Joel Bieber Firm is prohibited from terminating you or retaliating against you in any other manner just because you choose to participate in this lawsuit.

 

VIII. YOUR LEGAL REPRESENTATION IF YOU JOIN

 

If you choose to join the lawsuit, your interests will be represented by counsel for Plaintiff. Plaintiff’s Counsel are:

Gregg Cohen Greenberg
Robert W.T. Tucci
Zipin, Amster & Greenberg, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Phone: 301-587-9373
E-mail: rtucci@zagfirm.com

 

Plaintiff’s attorneys are being paid on a contingency basis, which means that if there is no recovery, there will be no attorneys’ fees. If there is a recovery, Plaintiff’s attorneys will receive a part of any settlement obtained or money judgment entered in favor of all members of the class, or fees the Court directs Joel Bieber Firm to pay separately. Any payment of attorneys’ fees in this lawsuit will require approval of the Court.

 

Plaintiff’s attorneys will advance necessary costs and out-of-pocket disbursements and expenses on your behalf in this litigation. In the event that necessary costs and out-of-pocket disbursements are not approved by the Court to be reimbursed from any settlement or judgment, or paid by Joel Bieber Firm, you will have no obligation to reimburse Plaintiff’s attorneys for such costs. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief.

 

IX. FURTHER INFORMATION

Further information about the lawsuit or this notice may be obtained by contacting Plaintiff’s attorneys at the address or phone number provided above or by emailing rtucci@zagfirm.com, or by visiting jbfirmcollectiveactionlawsuit.com. If you have any questions about this lawsuit, do not contact the court.

 

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, THE HONORABLE HENRY E. HUDSON, SENIOR UNITED STATES DISTRICT JUDGE. THE COURT TAKES NO POSITION REGARDING THE MERITS OF THE PLAINTIFF’S CLAIMS OR JOEL BIEBER FIRM’S DEFENSES. DO NOT CONTACT THE CLERK OF COURT REGARDING THIS NOTICE.