Plaintiffs in FLSA Lawsuit Release Statement Through Attorney William Sessions
There is much confusion regarding the July 16, 2024, county commission meeting and discussion of the Perry et. al. v. HCG lawsuit. The biggest source of confusion is that this is a Fair Labor Standards Act (FLSA) lawsuit and not a tort negligence (auto accident/slip and fall) lawsuit. It is like comparing apples to corn.
In an FLSA lawsuit, the original plaintiff employees file a lawsuit on behalf of themselves and all other similarly situated employees. After the lawsuit has been filed, other “similarly situated employees” can “opt into” the lawsuit. Those who opt in are bound by the decisions of the representative plaintiff(s) and/or attorney. This is not an auto accident where each plaintiff has a voting right – they are bound by the decision(s) of the representative plaintiff(s) and/or attorney.
On Thursday July 11, 2024, HCG tendered a settlement offer of $3.2 million which was discussed with the representative plaintiff(s) and quickly rejected for several reasons, one of which is that $3.2 million does not pay the plaintiffs what they are substantially owed. In an FLSA lawsuit, the Plaintiffs do not get to take whatever amount they want; the purpose of the Act cannot be circumvented by settling FLSA claims for less than what the employer would be liable for in court.
On Monday July 15, Plaintiffs made a settlement demand in this matter. During the commission meeting of July 16, Plaintiffs’ settlement demand was mentioned and after several minutes of some discussion, the commissioners adjourned to a backroom meeting out of the public view. When the commissioners came back from their private backroom meeting, a motion was made as to a settlement offer of $3.2 million.
The $3.2 million offer was in direct violation of the TN Open Meetings Act (“TOMA”) and therefore was an offer that could not be accepted. Not only had plaintiffs rejected $3.2 million three days earlier, HCG was then proposing an offer in direct violation of TOMA and had to be rejected.
Previously, HCG has argued that the Judge in this matter could not order all of the commissioners to be present in his courtroom to address them about this lawsuit because that would violate TOMA. Further, on May 24, 2024 (ECF 403), HCG filed a reply brief arguing that plaintiffs request that the Court order more than one commissioner to be present at mediation violated TOMA. HCG specifically set forth that:
“‘To deliberate’ is ‘to examine and consult in order to form and opinion . . . . [T]o weigh arguments for and against a proposed course of action.’” Johnston v. Metro. Gov’t of Nashville and Davidson County, 320 S.W.3d 299, 311 (Tenn. Ct. App. 2009). This is what mediation participants do. In this case, Mayor Pulse and Commissioner Sain will weigh arguments and consult with the County’s attorney to form an opinion on settling this case. Following mediation, they report the outcome to the county commission and recommend a course of action. Therefore, TOMA applies to this mediation.
Then on July 16, the county attorney adjourned a public meeting and took 15 commissioners into a backroom to discuss and deliberate plaintiffs’ July 15 settlement demand and how they (commission) wanted to proceed. The actions of the county attorney and commissioners are the actions that HCG argued in its May 24, 2024, brief would violate TOMA. All of the conversation, discussion, deliberation that took place in that hidden back room are supposed to occur in public in front of the citizens of Hardeman County. The ultimate settlement number that was being proposed was illegal and in violation of the TN Open Meetings Act.
What are the HCG commissioners afraid of? Why do they refuse to deliberate and discuss this lawsuit in public? The citizens of Hardeman County are entitled to know which of their commissioners are determined to financially cripple their county. Which of the commissioners think that it is a good idea to move forward with 12 trials at a cost of approximately $650,000.00 per trial, rather than settle this matter? These are all questions that are to be discussed in public not in a hidden backroom meeting outside the presence of the county citizens.
Sessions Law Firm, PLLC.
Frances Hildebrand Sessions
William C. Sessions, III
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