Miller, Griffin & Marks, P.S.C.

To: All persons who currently work for or who have previously worked for the Lexington Fayette Urban County Government Division of Community Corrections ("Detention Center") in any capacity during the last five years ("employees").

Regarding: Fair Labor Standards Act and Kentucky Wage and Hours Act lawsuit against the Detention Center.

1. INTRODUCTION
This Notice is to inform you about a lawsuit filed on Wednesday, September 6, 2006, in which the plaintiffs allege that they and others who are "similarly situated" have been under-compensated, to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for participating in this lawsuit, if you decide that it is appropriate and if you choose to do so. Anyone wishing to participate must complete and return a Consent to Sue Form to our office NO LATER THAN MAY 22, 2007. The Consent to Sue Form can be obtained by clicking on the following link: Consent to Sue Form.

2. DESCRIPTION OF THE LAWSUIT
On Wednesday, September 6, 2006, 9 individually-named plaintiffs filed a complaint in the Fayette Circuit Court against the Detention Center. This complaint was on behalf of the named plaintiffs and all employees who are similarly situated. The complaint alleges past and present violations of the Fair Labor Standards Act and the Kentucky Wage and Hours Act, and seeks payment for overtime pay and changes of certain work conditions, as well as costs and attorneys' fees. The Complaint also seeks certification of a class action. Six Amended Complaints have been filed.

The complaint alleges that the Detention Center violated the Fair Labor Standards Act by failing to pay employees overtime for work performed in excess of forty (40) hours per week. Among other allegations are claims that the Detention Center required employees to work during meal times and breaks, but failed to compensate them for this time, failed to compensate employees for time on duty after clocking out of work, failed to compensate employees for time spent waiting to be informed of overtime duties, and failed to properly credit or permit the utilization of compensatory time. The Plaintiffs allege that all employees are entitled to recover compensation for this overtime for work performed in the past, for an order directing payment of overtime in compliance with the law in the future, and for payment of other required amounts, as well as costs and attorneys' fees.

3. OBTAIN A COPY OF THE COMPLAINT AND OTHER COURT DOCUMENTS

A copy of the June 16 Plantiffs' Response to Defendant's Motion to Decertify Meal Break Subclass can be reviewed by clicking on the following link: PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DECERTIFY MEAL BREAK SUBCLASS
A copy of the June 16 Memorandum in Support of Motion to Decertify Meal Break Subclass can be reviewed by clicking on the following link: MEMORANDUM IN SUPPORT OF MOTION TO DECERTIFY MEAL BREAK SUBCLASS
A copy of the June 16 Defendant's Motion to Decertify Meal Break Subclass can be reviewed by clicking on the following link: DEFENDANT'S MOTION TO DECERTIFY MEAL BREAK SUBCLASS
A copy of the January 9 Opinion & Order can be reviewed by clicking on the following link: JANUARY 9 OPINION & ORDER
A copy of the October 27 Order can be reviewed by clicking on the following link: OCTOBER 27 ORDER
A copy of the October 26 Settlement can be reviewed by clicking on the following link: OCTOBER 26 SETTLEMENT AGREEMENT
A copy of the Sixth Amended Complaint can be reviewed by clicking on the following link: DETENTION CENTER COMPLAINT
A copy of the Order Certifying the Collective Action can be obtained by clicking on the following link: ORDER CERTIFYING COLLECTIVE ACTION
A Copy of the Notice of Collective Action can be obtained by clicking on the following link: NOTICE OF COLLECTIVE ACTION
A copy of the Consent to Sue Form can be obtained by clicking on the following link: CONSENT TO SUE
A copy of the Order to Certify Subclasses can be obtained by clicking on the following link: ORDER TO CERTIFY SUBCLASSES
A second copy of the Order to Certify Subclasses can be obtained by clicking on the following link: ORDER TO CERTIFY SUBCLASSES
A copy of the Tenth Amended Class Action and Collective Action Complaint can be obtained by clicking on the following link: TENTH AMENDED CLASS ACTION AND COLLECTIVE ACTION COMPLAINT
A copy of the Order to Re-schedule Trial can be obtained by clicking on the following link: ORDER TO RE-SCHEDULE TRIAL
A copy of the Motion for Partial Summary Judgement with regard to Compensability of Meal Periods can be obtained by clicking on the following link: MOTION FOR PARTIAL SUMMARY JUDGMENT WITH REGARD TO COMPENSABILITY OF MEAL PERIODS
A copy of the Motion for Partial Summary Judgement with regard to Non-Exempt Status of Lieutenants & Captains can be obtained by clicking on the following link: MOTION FOR PARTIAL SUMMARY JUDGMENT WITH REGARD TO NON-EXEMPT STATUS OF LIEUTENANTS AND CAPTAINS
A copy of the Memorandum in Support of Defendant's Motion for Partial Summary Judgement can be obtained by clicking on the following link: MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT
A copy of the Order for Oral Arguement can be obtained by clicking on the following link: ORDER FOR ORAL ARGUEMENT
A copy of the LFUCG Memorandum in Support of Motion to Decertify Meal Break Subclass can be obtained by clicking on the following link: LFUCG MEMORANDUM IN SUPPORT OF MOTION TO DECERTIFY MEAL BREAK SUBCLASS
A copy of the Plaintiff Response to Motion to Decertify can be obtained by clicking on the following link: PLAINTIFF RESPONSE TO MOTION TO DECERTIFY
A copy of the Order Denying Motion to Decertify Meal Break Subclass can be obtained by clicking on the following link: ORDER DENYING MOTION TO DECERTIFY MEAL BREAK SUBCLASS

4. PARTICIPATING IN THE LAWSUIT
If you are a current employee of the Detention Center or were employed by the detention center at were employed by the detention center at any time from September 6, 2003, to the present, you may participate in this lawsuit by completing and returning the Consent to Sue Form NO LATER THAN MAY 22, 2007. A copy of the Consent to Sue Form may be obtained by clicking on the following link: Consent to Sue Form.

5. EFFECT OF JOINING THIS LAWSUIT
If you choose to join this lawsuit, you will be bound by the judgment on any claim you may have under the Fair Labor Standards Act, whether favorable or unfavorable. While this lawsuit is proceeding, you may be required to respond under oath to questions, testify and/or produce documents or other information relevant to your claims and otherwise cooperate in this litigation.

6. EFFECT OF NOT JOINING THIS LAWSUIT
If you choose not to join this lawsuit or otherwise fail to sign and return a "Consent to Sue" form, you will not be affected, favorably or unfavorably, by any judgment issued in the lawsuit. You will not receive any back overtime wages or other relief awarded in the lawsuit if the plaintiffs prevail on their claims.

Your right to bring a claim in your own name and on your own behalf will not be affected by this lawsuit should you choose not to join or should you otherwise fail to sign and return a "Consent to Sue" form. However, your right to sue may be limited or extinguished by the passage of time, about which you must obtain independent legal advice.

7. NO RETALIATION PERMITTED
The law prohibits the Detention Center from taking adverse action against any person who has exercised his or her rights under the law by opting to participate in this lawsuit.

8. YOUR LEGAL REPRESENTATION SHOULD YOU OPT IN
If you choose to opt in and participate in this lawsuit by signing and returning the "Consent to Sue" form, your interests will be represented by the named plaintiffs through their attorneys for the proposed class. Attorneys for the proposed class are those of Miller, Griffin & Marks, P.S.C., 271 West Short Street, Suite 600, Lexington, Kentucky 40507.