Did you work for NinjaOne or NinjaRMM LLC at some point during the past few years? Those who held inside sales representative, account manager, or account executive positions and similar positions at these companies may be eligible to join a collective action case seeking to recover unpaid overtime wages.
Through this class-action lawsuit, the plaintiffs are seeking to recover compensation, alleging that these companies failed to pay or underpaid overtime that the plaintiffs deserved to receive. The lawsuit is alleging that these companies participated in a payment practice that violates the Federal Overtime wage law in the Fair Labor Standards Act (FLSA).
We are alleging through this lawsuit that the NinjaOne companies chose not to pay overtime wages to some of the employees who held inside sales jobs and related jobs. Our representative plaintiff began working for the defendant in May 2019 and ended his employment in January 2022. Anyone who worked for NinjaRMM or NinjaOne in a similar position during this time frame or even before this time could be eligible to join the lawsuit.
It is our position that these employees are eligible to recover damages. Such damages would include receiving any unpaid or underpaid wages for overtime at 1.5 times the regular rate for the employee. Additionally, we are seeking liquidates damages, attorney’s fees and costs, and any other related damages.
DETAILS ABOUT NINJAONE’S FAILURE TO PAY OWED OVERTIME WAGES
CASE: Kyle Van Vlack, individually and on behalf of all others similarly situated, v. NinjaRMM LLC d/b/a NinjaOne, violation of Fair Labor Standards Act (FLSA) overtime wage laws.
Through this lawsuit, we are alleging that NinjaOne did not pay the required overtime wages or that NinjaOne underpaid overtime wages to affected employees. The affected employees were working in jobs related to inside sales since at least May 2019 and perhaps earlier.
We believe NinjaOne and its related companies made use of certain job titles to attempt to avoid paying overtime wages to employees who deserved them. Through the use of these job titles, NinjaOne made it appear as though these employees did not deserve extra pay for overtime hours worked. Instead, we allege that these positions actually qualify as non-exempt employees who deserved hourly pay, including overtime pay, as defined in the FLSA.
Some of the job titles NinjaOne allegedly used to improperly classify these employees, and that the employees often used to describe themselves, include:
Inside Sales Representative (ISR)
Sales Development Representative (SDR)
Account Manager
Account Executive
To learn more about this case, click here.
Common Unfair Practices
At Feldman Legal Group, we frequently represent employees as plaintiffs in cases involving FLSA collective actions regarding non-payment of overtime. Some of the employees we represented in past cases worked at companies including Fleetcor Technologies, Select Rehabilitation, Verizon Connect, Total Insurance Brokers, Strada Services, Knight Enterprises, Managed Labor Solutions, Sage Software, Partsbase, and others in similar FLSA collective actions.
We believe that these companies cheated their employees out of the overtime wages they deserved. State wage laws and the federal FLSA require that all non-exempt employees receive a premium in wages for any hours they work in excess of a standard 40-hour work week.
Companies sometimes will misrepresent their employees’ ability to earn overtime hours in certain jobs. They also may purposefully classify their employees as being exempt from earning overtime pay, even when this is not true. We believe NinjaOne fits this definition.
NinjaRMM and NinjaOne’s Violations of the FLSA
If you believe you received unfair treatment from the NinjaOne companies regarding overtime pay you deserved, please reach out to Feldman Legal Group. Some of the ways in which NinjaOne potentially failed to credit its employees for overtime hours worked include:
Working through allowed break times, including the one-hour lunch break
Working before the official start time of 8 a.m.
Working after the official ending time of 5 p.m.
Working on weekends
Our lawsuit alleges that the company routinely encouraged its employees to work outside of the normal weekday working hours.
Our Investigation
In the case involving our representative plaintiff, at the time of his hiring, the company told him he was working in an exempt salaried position. This means he expected not to receive pay for overtime hours worked, even if he needed to work these extra hours to hit his sales quotas. He assumed NinjaOne was complying with federal FLSA laws regarding his position.
He routinely worked past 5 p.m. on weekdays and during the weekends to set up and attend demonstrations and appointments with potential clients. The company never asked him to record his time worked using an official time clock or using timecards. We allege that the defendant purposefully misled its employees and expected them to work beyond the 40-hour work week without the compensation they deserved.
Since the time we initially set up this lawsuit, five other SDRs who worked at NinjaOne joined the representative plaintiff.
We are seeking to obtain more information about employees who worked under these conditions. Please contact us for a 10-to-15-minute phone call to discuss your experience with working for NinjaOne.
We want to learn more about any FLSA wage violations that the NinjaOne and NinjaRMM companies committed. You are under no obligation to join the lawsuit or to work with us after this telephone call.
HAVE YOU WORKED WORKED AS AN INSIDE SALES REP AT NINJAONE OR NINJARMM?
If you have information regarding the scheme at NinjaOne or NinjaRMM to avoid paying overtime or to underpay overtime hours to employees who deserve overtime pay since May 2019, and perhaps earlier, the employment attorneys at Feldman Legal Group would like to interview you about your experiences with the company.
If you believe NinjaOne did not pay the overtime wages that you earned as an ISR or SDR, please reach out to us. Let us set up a time that is convenient for you to speak with us about your experience.
