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.

Please review the below collective action complaint for more information about the case.

CASE: Christine McLaughlin, Crystal Vanderveen, and Justin Lembke, individually and on behalf of all others similarly situated, v. Select Rehabilitation LLC, in violation of Fair Labor Standards Act (FLSA) overtime wage laws.

Our lawsuit alleges that Select Rehab failed to pay required overtime wages or underpaid overtime wages to affected employees working in jobs related to inside sales since the beginning of 2019.

McLaughlin is now joined in this case by 13 other present and former Select Rehab Program Managers and Therapists who also claim to have been forced to suffer similarly working many hours of overtime off the clock without being paid for this time as required by state and Federal overtime wage laws, such as the FLSA.

Our Lawsuit alleges that McLaughlin, a Program Manager-Physical Therapist, Vanderveen, a Program Manager-SLP, and Justin Lembke, a Physical Therapy Assistant, were forced to suffer to work off the clock and without being paid overtime premiums, meaning time and one half their regular rates of pay, for all hours worked in violation of well-settled, indisputable law as per Section 207 of the Fair Labor Standard ACT (FLSA).

McLaughlin, Vanderveen and Lembke allege that their superiors, including the regional manager and even the VP’s, and thus the company itself, not only knew they worked off the clock and without being paid overtime wages in willful violation of the FLSA, but that they were pressured to do so under fear of discipline, including termination of their employment and by discouragement of working this hours on the clock because of a productivity requirement related to the amount of billable time to Medicare. McLaughlin, Vanderveen and Lembke explain that the company knows that the job of a program manager cannot be performed within 40 hours in a week, but that the company warned them against reporting or claiming their overtime hours but unlawfully encouraged, pressured and permitted them to work off the clock without pay, including on weekends, and pursuant to a company De Facto (unwritten) policy that said no overtime hours on the clock. Similarly, Lembke claims that in order to meet his high productivity requirement of 94%, and treat all the patients as well as complete all the paperwork, he also had to routinely work off the clock during the week, and which the company knew was happening. The work of the Program Manager is well known by Select Rehab to work on the weekends handling scheduling and staffing as well as to be always on call for other staff.

Plaintiff Lembke, a former Physical Therapy Assistant, alleges that while required by Select Rehab to treat patients and bill 8 hours per day, and hit 85% productivity quota, she had to spend numerous hours inputting data, her notes and satisfy reporting requirements which forced her to work more than 40 hours routinely and off the clock, and with the knowledge of the PM and others, and thus the company. Doe, and McLaughlin allege that if they worked overtime hours on the clock they were warned they would be fired, but were simultaneously encouraged and pressured to work all the extra hours to meet productivity requirements and complete all their job duties or be fired.

McLaughlin, Vanderveen and Lembke allege that if they worked overtime hours on the clock they were warned they would be fired, but were simultaneously encouraged and pressured to work all the extra hours to meet productivity requirements and complete all their job duties or be fired.

Select Rehabilitation, LLC used certain job titles to attempt to classify employees as being ineligible for overtime pay or as being ineligible for extra pay as part of overtime hours. However, as defined in the FLSA, we allege the employees who worked in Program Manager, Therapist and similar positions should have been eligible for overtime pay.

Some of the affected job titles, which the company used to refer to the employees or that the employees used to describe themselves, include:

• Program Manager
• Director of Rehab
• Therapist
• Therapy Assistant
• Occupational Pathologist
• Physical Pathologist
• Speech Pathologist

To learn more about this case, click here.

The Fair Labor Standards Act requires Select Rehab to pay all non-exempt, hourly paid employees time and one half (1.5) their regular rate of pay for all overtime hours that any employee works each week, and for all hours it knows are worked, or should know were worked. Here, as Plaintiffs McLaughlin, Vanderveen, and Lembke explain and contend in the Amended Collective Action lawsuit and complaint, if Select Rehab has any reason to know that any employee is working off the clock, or encouraged it, they are legally required to pay all these hours, plus an equal sum in liquidated damages going back a 3 year period.

Common Unfair Practices

At Feldman Legal Group, we have represented employees at companies including Fleetcor Technologies, Verizon Connect, Total Insurance Brokers, Strada Services, Fleetmatics, N3 Results, Managed Labor Solutions, Sage Software, Partsbase, Discrete Wireless d/b/a Nextraq, Granite Telecom, and others in similar FLSA collective actions.

The accusations against these companies state that they cheated their employees out of the overtime wages they earned, violating the federal Fair Labor Standards Act and state wages laws. The FLSA says non-exempt employees must receive a premium in payment for hours worked beyond the standard 40-hour week (i.e., overtime hours).

Some companies mislead their employees regarding FLSA by discouraging reporting of overtime and by misclassifying the employees as exempt from overtime payment, which is the type of violation we are alleging against Select Rehab with this lawsuit.

Select Rehab’s Violations of the FLSA

Contact us for a no-obligation discussion if you have experienced any unfair overtime pay calculation as an employee of Select Rehab. We want to hear about your work experience with Select Rehab in a 10-to-15-minute phone call.

Our Investigation

As we investigate the alleged FLSA wage violations by Select Rehab, we want to speak with employees who experienced these violations. We want to speak with you to further verify the facts about the company’s illegal practices regarding overtime pay. You are under no obligation to join the lawsuit after speaking with us.

Please review the below court filings for more information about the case.

CASES:

Richard Reyes v. Strada Services Inc., d/b/a Strada Electric and Security, Fair Labor Standards Act (FLSA) Overtime Wage Collective Action Lawsuit for the class of piece rate employees.

Kirk Thomer, individually and on behalf of all others similarly situated v. Strada Services Inc., Strada Services LLC d/b/a Strada Electric and Security, and Joseph Strada, Fair Labor Standards Act (FLSA) Overtime Wage Collective Action Lawsuit for the class of piece rate employees.

Our lawsuit alleges that Strada failed to pay required overtime wages to employees and laborers over at least the past three years.

Strada forced these employees to work on a piece rate, meaning they received a flat fee per job, regardless of how long it took. Strada failed to pay overtime to these employees, who required no particular educational level or labor certification, improperly claiming an FLSA exemption.

Strada supervisors routinely altered time cards or forced employees to complete inaccurate time cards that specified a 40-hour work week, even when the employees actually worked longer.

Common Unfair Practices

At Feldman Legal Group, we have represented employees at companies including Select Rehab, Fleetcor Technologies, Verizon Connect, Total Insurance Brokers, Strada Services, Fleetmatics, N3 Results, Managed Labor Solutions, Sage Software, Partsbase, Discrete Wireless d/b/a Nextraq, Granite Telecom, and others in similar FLSA collective actions.

The accusations against these companies state that they cheated their employees out of the overtime wages they earned, violating the federal Fair Labor Standards Act and state wages laws. The FLSA says non-exempt employees must receive a premium in payment for hours worked beyond the standard 40-hour week (i.e., overtime hours).

Some companies mislead their employees regarding FLSA by discouraging reporting of overtime and by misclassifying the employees as exempt from overtime payment, which is the type of violation we are alleging against Select Rehab with this lawsuit.

Strada’s Violations of the FLSA

Contact us for a no-obligation discussion if you have experienced any unfair overtime pay calculation as an employee of Strada Services, including the following:

• Not receiving pay for time worked beyond 40 hours in a week
• Having a supervisor alter your time card to reflect fewer hours worked
• Having a supervisor fill out a time card for you without your input
• Being forced to alter your time card to reflect fewer hours than you worked
• Working during nights and weekends without extra compensation
• Not receiving a new job order until completing the previous job, no matter how long the previous job required, encouraging you to work outside normal business hours

We want to hear about your work experience as a piece rate worker for Strada Services in a 10-to-15-minute phone call.

Our Investigation

As we investigate Strada’s alleged FLSA wage violations, we are seeking to speak with employees who experienced these violations to further verify the facts about the company’s illegal practices regarding overtime pay.

We will use this information to measure the length of time Strada has been cheating its laborer employees out of deserved overtime pay.

Please review the below collective action complaint for more information about the case.

Have you worked overtime for Managed Labor Solutions (MLS)  in the past three years? Did MLS somehow alter, edit or remove hours from your time sheet? You may be eligible to join this collective action case.

This lawsuit seeks to recover overtime wages for all present and former drivers, transporters, cleaners, vehicle service attendants (VSA’s) for all hours worked over 40 in each and every workweek in the past 3 years at rates of time and one half the employee’s regular rates of pay.  The lawsuit also seeks to recover double the sum of the wages owed to all persons as liquidated damages, plus payment of all attorney’s fees and costs and expenses.