Forester Haynie

Amendment


EXHIBIT D

AMENDMENT TO EMPLOYMENT AGREEMENT AND POWER OF ATTORNEY

This Amendment (“Exhibit D”) to the Employment Agreement and Power of Attorney (“Exhibit C”) is entered into by and between Baron & Budd, P.C. (“B&B”), Lazarz & Prieto PLLC (“LP”; B&B and LP referred to as “Lead Attorneys”), and Forester Haynie PLLC (“FH”), Nelson National Law Group LLC (NN), and Damon J. Baldone, A Professional Law Corporation (DB; B&B, LP, FH, NN, and DB collectively referred to as “Attorneys”), on the one hand, and Client on the other hand, amending certain provisions of Exhibit C, as detailed below:

  • Section I is amended to read as follows:

This Employment Agreement and Power of Attorney (“Agreement”) is entered into by and between Baron & Budd, P.C. (“B&B”), Lazarz & Prieto PLLC (“LP”; B&B and LP referred to as “Lead Attorneys”), and Forester Haynie PLLC (“FH”), Nelson National Law Group LLC (NN), and Damon J. Baldone, A Professional Law Corporation (DB; B&B, LP, FH, NN, and DB collectively referred to as “Attorneys”), on the one hand, and Client on the other hand, for legal representation in prosecuting claims for damages sustained by Client due to violations of the federal Fair Labor Standards Act (“FLSA”) and applicable state laws related to wage payment (FLSA and relevant state laws referred to as “Wage and Hour Laws”), while employed by ______________________ (“Employer”).

Client has not contracted with Attorneys for representation and/or legal advice in any matter other than representation and or legal advice in a dispute under Wage and Hour Laws. Representation and/or legal advice for any matter other than one under Wage and Hour Laws requires the execution of a separate contract for each and every such matter. Client understands that Attorneys cannot and will not render any advice or legal services on local, state, or federal tax issues/laws.

  • Section III.A.1-2 is amended to read as follows:

Client has agreed that Attorneys shall prosecute the case jointly as co-counsel. Co-Counsel will assume joint responsibility for the prosecution of Client’s claim.

The fee split will not increase the total fee owed by Client. Client understands and approves the division of legal fees between the Attorneys.

At the conclusion of the case, if a recovery is made on Client’s behalf, the Attorneys will share the attorneys’ fees due under this Agreement pursuant to Section II as follows:

  1. In the Event of a Recovery Resulting from a Settlement

FH, NN, and DB shall receive a share of the Attorneys’ Fees equal to 33 1/3% of 40% of the Client’s Equalized Settlement Recovery, with FH receiving 8 1/3%, NN receiving 12 1/2%, and DB receiving 12 1/2% respectively, and B&B and LP shall share the remainder of the Attorneys’ Fees, with B&B receiving 50% and LP receiving 50% of the remainder.

For example, assume Client agrees to settle under the terms in Section II.C.1 of this Agreement. In that example, the Equalized Settlement Recovery to Client was $46,875, and the Attorneys’ Fees due under this Agreement totaled to $20,000. Accordingly, FH, NN, and DB would be entitled to $6,250.00 (i.e., $46,875*.4*.̅33) of the $20,000 in Attorneys’ Fees, with FH receiving $1,562.50, NN receiving $2,343.75, and DB receiving $2,343.75 respectively, while B&B and LP would each be entitled to $6,875 (i.e., ($20,000-$6,250)/2). 

As another example, assume the Client agrees to a settlement under the terms in Section II.C.2 of this Agreement. In that example, the Equalized Settlement Recovery to Client was $4,545.45, and the Attorneys’ Fees due under this Agreement totaled to $45,454.55. Accordingly, FH, NN, and DB would be entitled to $606.06 (i.e., $4,545.45*.4*.̅33) of the $45,454.55 in Attorneys’ Fees, with FH receiving $151.52, NN receiving $227.27, and DB receiving $227.27 respectively, while B&B and LP would each be entitled to $22,424.25 (i.e., ($45,454.55-$606.06)/2).

  1. In the Event of a Judgment Resulting from Final Proceedings

FH, NN, and DB shall receive a share of the Attorneys’ Fees equal to 33 1/3% of the attorneys’ fees owed by Client to Attorneys as calculated pursuant to the “Upside-Down” Clause provided in Section II.B, above, with FH receiving 8 1/3%, NN receiving 12 1/2%, and DB receiving 12 1/2% respectively, and B&B and LP shall share the remainder of the Attorneys’ Fees, with B&B receiving 50% and LP receiving 50% of the remainder.

For example, assume a Judgment is obtained as in Section II.D.1 of this Agreement. There, the Client obtained a Judgment for $75,000, and the Attorneys’ Fees due under this Agreement totaled to $30,400. Accordingly, FH, NN, and DB would be entitled to $10,000.00 (i.e., $75,000*.4*.̅3) of the $30,400 in Attorneys’ Fees, with FH receiving $2,500, NN receiving $3,750, and DB receiving $3,750 respectively, while B&B and LP would each be entitled to $10,200 (i.e., ($30,400-$10,000)/2).

As another example, assume a Judgment is obtained as in Section II.D.2 of this Agreement. There, the Client obtained a Judgment for $80,000 ($5,000 in actual damages and $75,000 in attorneys’ fees). FH, NN, and DB would be entitled to $666.66 from the Attorneys’ Fee Award (i.e., $5,000*.4*.̅3), with FH receiving $166.66, NN receiving $250, and DB receiving $250 respectively, while B&B and LP would each be entitled to $37,166.67 (i.e., ($75,000-$666.66)/2). 

AGREED:

BARON & BUDD, P.C.                                               By:   ______________________________
3102 Oak Lawn Avenue, Suite 1100                          Date:   ______________________________
Dallas, Texas 75219
(214) 521-3605

LAZARZ & PRIETO PLLC                                     By:   ______________________________
11 Greenway Plaza, Suite 1515                                 Date:   ______________________________
Houston, Texas 77046
(713) 352-3433

NELSON NATIONAL LAW GROUP LLC             By:   ______________________________
20 E. Thomas St. Suite 2200                                    Date:   ______________________________
Phoenix, Arizona 85012
(602) 777-3333

 DAMON J. BALDONE,                                           By:   ______________________________     
A PROFESSIONAL LAW CORPORATION     Date:   ______________________________
62 New Orleans Blvd.                                            
Houma, Louisiana 70364
(214) 210-2100

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Signed by Forester Haynie
Signed On: February 13, 2019

Forester Haynie https://foresterhaynie.com
Signature Certificate
Document name: Amendment
Unique Document ID: e478e1ec39ca748ba3b91a518308734a5c37925a
Timestamp Audit
February 13, 2019 11:58 am CDTAmendment Uploaded by Forester Haynie - info@foresterhaynie.com IP 23.119.8.221