1. What is this lawsuit about?
The Plaintiffs are female City of Albuquerque employees who have filed this lawsuit seeking to recover the difference between the amount of pay they received and the amount men were paid for the same work and to ensure their benefits, such as retirement and overtime pay, are based on the amount they should have been lawfully paid. Plaintiffs claim that they, and other graded female employees of the City of Albuquerque, were paid less than men who worked the same job in violation of the New Mexico Fair Pay for Women Act.
2. Who can participate in this lawsuit?
Any female employee who works, or worked for the City of Albuquerque any time from May 9, 2013 to July 23, 2020, and was paid less than men for the same work can join in this lawsuit. You can join the lawsuit even if you no longer work for the City of Albuquerque. Police officers, police service aides, cadets in the Albuquerque Police Academy, and women employed by the Albuquerque Fire Department may not join the lawsuit.
3. How can I participate in this lawsuit?
The “Consent to Join Suit” form must be received no later than November 18, 2020.
4. If I join the lawsuit, will I automatically receive compensation?
You are not guaranteed to receive compensation if you join this lawsuit. The case is still proceeding and the Court will make a decision at a later date on the merits of the lawsuit. If you do not submit the “Consent to Join Suit” form, and the Court awards compensation to those who have chosen to become members of the Class, then you will not receive any award.
5. What happens if I join this lawsuit?
If you timely complete a “Consent to Join Suit” form (postcard or on the website at www.pinoclass.com) and choose to join this case, you become a member of the Class and will therefore be bound by any judgment in the case. If the court determines that the class should receive compensation, you will receive an award. You understand the Plaintiffs in this case will, in consultation with the Class lawyers, make decisions about the case, including the manner and method of conducting this litigation, and other matters pertaining to this lawsuit. These decisions will be binding on you if you join this lawsuit.
If the lawsuit is successful, the attorneys representing the Plaintiffs and the Class will seek reasonable attorneys’ fees and costs from the Court. The Court will have to approve any fees and costs as fair and reasonable.
YOUR LEGAL RIGHTS AND OPTIONS IN THE COLLECTIVE ACTION
| IF YOU ASK TO BE INCLUDED BY PROVIDING THE “CONSENT TO JOIN SUIT” FORM | By providing the “Consent to Join Suit” form, you join the collective action as a Class member and may receive money or other benefits that could result from settlement or trial. |
| IF YOU DO NOTHING | If you do nothing, then you will not be a member of the Class in this lawsuit. If money or benefits are later awarded as part of this lawsuit, you will not be entitled to any portion of the award. |
6. What happens if I do not join this lawsuit?
If you do not wish to be part of the lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be part of the case in any way and you will not be bound by or affected by the result. If compensation is awarded and you do not join this lawsuit, you will not receive any part of the award in this matter.
7. Can the City of Albuquerque retaliate against me for joining this lawsuit?
No. New Mexico law prohibits the City of Albuquerque or anyone else from discharging or taking any adverse employment action against you for participating in this lawsuit. Any retaliation for joining this lawsuit is illegal.
8. Can the City reduce the men’s wages to make our pay equal?
No. The New Mexico Fair Pay For Women Act prohibits the City of Albuquerque or any employer from reducing the wages of any employees to comply with the Act. This means that if the Court determines the City of Albuquerque has violated the Act, female employees who have joined the lawsuit will have their wages increased to the wage paid to the highest-paid male employee doing the same work. Male employees’ wages cannot be reduced as a result of this lawsuit.
9. Who are the attorneys representing the class in this case?
The lawyers representing the Plaintiffs and the Class are:
Alexandra Freedman Smith
Law Office of Alexandra Freedman Smith
925 Luna Circle NW
Albuquerque, NM 87102
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and
David A. Freedman
Freedman Boyd Hollander Goldberg Urias & Ward P.A.
20 First Plaza NW, Suite 700
Albuquerque, NM 87102
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Contact us at (505) 200-2331 or email at kaye@smith-law-nm.com.
10. How can I get more information about this case?
For more information email kaye@smith-law-nm.com or call (505) 200-2331.
