Barbosa v Kellermeyer Bergensons Services

Five individuals who worked at Amazon locations performing janitorial services on behalf of KBS through MQM (called the “Plaintiffs”) have sued KBS, claiming that they are owed overtime wages and liquidated (double) damages under the Fair Labor Standards Act (“FLSA”). The Plaintiffs claim that they worked more than forty (40) hours a week at various Amazon locations and were not paid overtime. KBS denies these allegations in their entirety, and specifically denies that it engaged in unlawful activity, failed to comply with the law, or has any liability to anyone under the claims.

The Court has not yet decided who is right or wrong or expressed an opinion on the claims or defenses. Your legal rights to share in the lawsuit may be affected by such a decision, and you have a choice to make now.

The Court has decided that all who worked at Amazon locations performing janitorial services on behalf of KBS through MQM between October 24, 2021, and October 22, 2025, should receive a Notice informing them about this lawsuit and their right to join it by submitting a Consent to Join form.

Whether or not you join the lawsuit is entirely up to you – there is no obligation to do so. If you wish to join the lawsuit, you must complete the Consent to Join form and mail it to:

Barbosa v Kellermeyer Bergensons Services
Notice Administrator
PO Box 3560
Portland, OR 97208-3560

You can also submit the Consent to Join form by e-mail to info@MQMKBSAmazonjanitorlawsuit.com, by fax to 1 833 501 6085, or through the online Consent to Join module. The form must be postmarked on or received before August 29, 2026.

If you join, the Plaintiffs in the case and the lawyers listed below will represent you and work with you to try to obtain overtime wages and other damages you may be owed. You may be subject to discovery from KBS, including written discovery and may be required to provide sworn testimony at a deposition and/or at trial. The Court will determine your rights to any money. You will be bound by the Court’s judgment, whether it is favorable or unfavorable, on all issues including settlement.

Plaintiffs’ attorneys are being paid on a contingency fee basis. 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, Plaintiffs’ attorneys will receive a part of any settlement obtained or money judgment entered in Plaintiffs’ favor as determined by the Court.

By sending in the enclosed Consent to Join form, you will join this lawsuit and be able to designate the Plaintiffs and their attorneys as your agents to make decisions on your behalf concerning the lawsuit. Plaintiffs’ counsel for the collective actions are:

Patrick Howard
SALTZ MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103

If you do not wish to join the lawsuit and assert FLSA claims, you do not need to do anything.

If you do not join, you will not be directly affected by any judgment issued or settlement approved by the Court in this lawsuit – whether it is favorable or unfavorable. You will not be entitled to share in any amounts recovered in this lawsuit and you will retain the right to bring your own claims. You should be aware that your time to bring FLSA claims is limited by a two or three-year statute of limitations.

No. Federal law prohibits employers from firing or in any way retaliating against you because you have joined this lawsuit. However, participating in this lawsuit does not excuse you from complying with your current employer’s existing policies and work rules.