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On June 14, 2010, Butler Williams & Skilling attorneys Harris Butler and Zev Antell, and Tim Cupp of Cupp & Cupp, P.C. in Harrisonburg, Virginia, argued motions to conditionally certify two overtime collective actions pending in the U.S. District Court for the Western District of Virginia. The Court conditionally certified both cases and ordered that notice be given to all similarly situated employees so that they could join the suits. The Court also ordered that both employers provide the names and last known addresses of all employees who worked for these employers during the times for which unpaid overtime and minimum wage payments are claimed. Butler Williams expects to receive the names and addresses within the next several weeks and expects that notices on these cases will be issued to possible employee and former employee claimants for each employer on or before July 1, 2010.

In Kisamore, et al v. Great Eastern Resort Corporation, Case No. 3:10cv00009, the Court ordered that notice of the claim and the opportunity to "opt-into" the lawsuit be provided to all timeshare sales "front-line" and "in-house" sales personnel and "take-over managers" employed by Massanutten Resort from July 1, 2007 to date.

In Addison, et al v. McLaughlin Communications, Inc., Case No. 5:09-cv-00087, the Court ordered that notice of the claim and the opportunity to "opt-into" the lawsuit be provided to all cable installation technicians employed by McLaughlin in Virginia, West Virginia and Pennsylvania from August 10, 2005 to date. In the Addison case, the Court acknowledged that a longer notice period was appropriate due to claims that McLaughlin is alleged to have created pay stubs that reflected fabricated overtime pay rates and overtime pay which was not actually paid to employees who worked 40 or more hours in a work week. In this case, we are asserting a claim that time during which all employees' overtime and minimum wage claims must be filed should be equitably tolled (or suspended) because of McLaughlin's actions in creating such pay stubs but not paying additional overtime pay for the overtime hours worked.