LEE k BRAZIEL, LLP LANDMARK CENTER 1801 N. LAMAR ST., SUITE 325 DALLAS, TEXAS 75202 TELEPHONE 214-749-1400 FACSIMILE 214-749-1010 E-mail: jdbraziel@l-b-law.com
August 22, 2016 VIA FACSIMILE Mike Byrd Byrd Oilfield Services, LLC 5019 Maple St. Abilene, TX 79602 Fax: 325.698.0055 Dear Mr. Byrd: As you are aware, a lawsuit has been filed against the company seeking unpaid overtime wages pursuant to the Fair Labor Standards Act (“FLSA�). I have enclosed a copy of the filed lawsuit for your records. I am writing because we understand one of your employees, Cary Epley, is currently engaged in conduct which is potentially retaliatory and which violates the National Labor Relations Act. It is our understanding that he has spoken to several individuals who could be involved in this case and directed them to stay away from the litigation. He further indicated that he would be monitoring their FaceBook pages and those of their spouses. Employees have a federal right to participate in this litigation without being retaliated against. The law also prohibits companies and their employees/managers from engaging in conduct or communications that is dissuasive to participation. Further, all employees have the right to communicate with one another about their wages and conditions of employment and such communications are protected as concerted activity. Please instruct your managerial personnel, and specifically Mr. Epley, to stop communicating with employees in a way that violates the law. We anticipate you will soon be hiring knowledgeable counsel, and they can advise you on what communications you are permitted to have concerning this suit. If this conduct persists, we will ask the court to enter an order prohibiting further communications, which may subject the company and these individuals to the imposition of sanctions and contempt. At a minimum, we may already be required to seek a corrective communication to remedy the comments made by Mr. Epley. Additionally, please inform Mr. Epley that as a manager who implemented some of the practices at issue in the litigation, he may be held personally liable under the Fair Labor Standards Act and we may well be adding him to the case as we move forward. Sincerely,
J. Derek Braziel Partner