To: All individuals who have worked as Board-Certified Behavioral Analysts for Key Autism Services in Massachusetts, while subject to a contractual “liquidated damages” provision, since October 24, 2020.
This Notice is not an expression by the Court of any opinion concerning the alleged claims. The Court has not made any ruling or expressed any opinion regarding the merits of this case. This Notice simply informs you of the pendency of this litigation and your rights to join, or not join, the lawsuit as a party plaintiff.
You may have rights under a collective action lawsuit.
• Plaintiff Taryn Moynihan was employed by Key Autism Services as a Board-Certified Behavioral Analyst (“BCBA”) in the Mentoring Program. She has brought a lawsuit in the United States District Court, District of Massachusetts (D. Mass.) against Key Autism Services. The case is titled Moynihan, et al. v. AES Group USA, LLC d/b/a Key Autism Services, et al., Civil Action No. 1:22-cv-11889-WGY. In the lawsuit, Plaintiff Moynihan claims that Key Autism Services failed to pay her wages “finally and unconditionally” or “free and clear,” as required by the Fair Labor Standards Act (“FLSA”), because her employment agreement required her to work for up to one year after completing the Mentoring Program or else be subject to a repayment obligation.
• Key Autism Services disputes these allegations and maintains that it is lawfully allowed to recover certain amounts from a BCBA-Mentee who does not complete the contractual term of employment, because, among other arguments, Key Autism Services incurs costs to train and mentor newly licensed BCBAs and administrative and recruiting costs in obtaining and training replacement employees. Key Autism Services also disputes that the case may be maintained as a collective or class.
• The Court has allowed this notice under the FLSA to be sent to all individuals who have worked as board-certified behavioral analysts (BCBAs) for Key Autism Services in Massachusetts, while subject to a contractual “liquidated damages” provision, since October 24, 2020.
• Your legal rights to participate in the FLSA claims in this lawsuit will be affected by the choice that you make now, although any rights you have to pursue other relief individually will not be affected.
I. Why Did I Get This Notice and What is the Lawsuit About?
This Notice is to tell you of the existence of the litigation and inform you of your rights. The choice whether to join this lawsuit is yours.
II. What Are My Choices?
If you are or were employed by Key Autism Services as a Board-Certified Behavioral Analyst (BCBA) pursuant to a Mentoring Contract (or your title was BCBA-Mentee) in Massachusetts at any time since October 24, 2020, you are eligible to submit a Consent to Join Lawsuit Form to join this lawsuit, which is enclosed.
If you wish to join this lawsuit, you must sign and complete the enclosed Consent to Join Lawsuit Form, and this form must be postmarked or received by the attorneys for the plaintiff by February 2, 2024 at the address provided below so that your form may be filed with the Court. You may also fax, or scan and email, the completed form, or you may request that it be sent to you using DocuSign for electronic signature.
If you do not wish to join this lawsuit, you should not return the enclosed Consent to Join Lawsuit Form. Instead, you should simply take no action.
III. What Happens If I Join?
If you join, the lawyers listed below can represent you and work with you to try to obtain any minimum wages you may be owed. The Court or jury will determine your rights to any money. You will have the status of and participate in the lawsuit as a party plaintiff, and you will be bound by the Court’s judgment with respect to the plaintiffs’ FLSA minimum wage claim, whether it is favorable or unfavorable to you, on all issues including settlement.
The plaintiffs are represented by:
Rachel Smit
Hillary Schwab
Fair Work, P.C.
192 South Street, Suite 450
Boston, Massachusetts 02111
Phone: 617-841-8188
Email: rachel@fairworklaw.com
By returning the Consent to Join Lawsuit Form, you will join this lawsuit for purposes of the plaintiffs’ minimum wages claim under the FLSA and these attorneys will represent you. These attorneys will be paid on a contingency fee basis, which means that if there is no recovery, you will not have to pay any attorneys’ fees and you will not owe the attorneys anything. If there is a recovery, these attorneys will receive a part of any settlement obtained or money judgment entered in the plaintiffs’ favor and their fees will have to be approved by the Court. You will not have to pay out-of- pocket for representation by these attorneys. If you wish to retain your own attorney, you may do so at your own expense and you should have your attorney file the Consent to Join Lawsuit Form directly with the court.
IV. What If I Do Not Join?
If you do not join, you will not be bound by any judgment issued or settlement approved by the Court in this case with respect to the plaintiffs’ FLSA minimum wage claims – whether it is favorable or unfavorable. You will not be entitled to share in any amount that may be recovered by the plaintiffs for this claim if they are successful. You may retain the right to bring your own claims. However, if you do not join, the statute of limitations will continue to run on any claim you may have, and you may lose your ability to assert this claim if you do not join.
V. How Do I Join?
Enclosed is a Consent to Join Lawsuit Form. If you want to participate in this lawsuit, (1) you must sign and complete the enclosed Consent to Join Lawsuit Form, and (2) you must submit the signed Consent to Join Lawsuit Form to the attorneys for the plaintiffs at the address below so that it is postmarked or received no later than February 2, 2024.
If you wish to join this lawsuit, it is extremely important that you read, sign, and mail back the consent form, in the enclosed prepaid envelope, as soon as possible. You may also fax or scan and email the completed Consent to Join Lawsuit Form to:
Fair Work, P.C.
c/o Rachel Smit
192 South Street, Suite 450
Boston, MA 02111
Phone: 617-841-8188
Fax: 617-488-2261
Email: rachel@fairworklaw.com
You may also request that the Consent to Join Lawsuit Form be sent to you for electronic signature using DocuSign.
Should you lose or misplace the enclosed Consent to Join Lawsuit Form, please contact Fair Work. You may also print a new copy of the form, which is available as a PDF on the website: https://www.fairworklaw.com/key-autism/.
VI. Will My Participation Affect My Employment?
No. Federal law prohibits an employer from retaliating against you because you have joined this lawsuit.
VII. How Can I Get More Information?
If you have questions, you may contact the plaintiffs’ counsel at (617) 841-8188. The Court file in this case can also be examined in person at the U.S. Courthouse, District of Massachusetts, 1 Courthouse Way, Boston, MA 02210. Other than in-person requests to examine the file at the Clerk’s office, no inquiries concerning this case should be directed to the Court or to the Clerk of the Court.
The Notice has been ordered by the Court, Honorable William Young, U.S.D.J.
This Notice is not an expression by the Court of any opinion concerning the alleged claims. This Notice simply informs you of the pendency of this litigation and your rights to join, or not join, the lawsuit.