CASES WE HANDLE/

The cases handled by the seasoned litigators at Feldman Legal Group show our winning results. We fight for our clients’ rights and get them the compensation they deserve. Here are some details about a number of cases we have pending as well as those we’ve won.

PENDING - LAWSUIT FOR UNPAID COMMISSIONS AND OVERTIME WAGES OWED TO GUARDIAN TOWING EMPLOYEES/

Did you work as a Tow Truck or CDL driver for Guardian Towing at some point during the past three years? Those who currently hold or previously held positions as drivers for Guardian Towing and its related companies may be eligible to join a collective action case seeking to help with recovery of overtime wages and commissions that Guardian Towing failed to pay.

Did you work as Dispatcher or Customer Service employee for Guardian within the last three years? We are also investigating claims of unpaid commissions and overtime claims for employees in these positions.

Details on investigations related to both types of positions follow below.

OUR INVESTIGATION OF WAGE VIOLATIONS FOR DRIVERS, DISPATCHERS AND CUSTOMER SERVICE EMPLOYEES

We believe Guardian Fleet Services and its subsidiaries named in our Collective Action Complaint court filing (herein referred to as “Guardian”) are violating the federal overtime wage law in the Fair Labor Standards Act (FLSA) through the wage practices they are following for employees in various drivers positions, as well as dispatchers and customer service positions. Guardian is in direct violation of the FLSA which states that employees who work more than 40 hours in a regular workweek should be paid overtime wages.

We allege that with this scheme, Guardian willfully underpays its employees in these positions to save millions of dollars in labor costs and to maximize profits, all to the detriment of these employees.

Drivers’ Overtime Wages Earned Were Not Paid

When tow truck drivers, wrecker drivers and any other commercial vehicle drivers employed by Guardian worked overtime, the company denied them the overtime wages they were due. These drivers regularly worked more than 40 hours in a workweek, including spending meal times working, rather than having a break, as required by law.

Drivers’ Unpaid Commission Investigation

Our clients tell us that as drivers, they also were entitled to commissions and/or bonuses. However, they also tell us that they were never given a formula or method to calculate how or why those commissions were earned. As a result, our drivers do not know whether they were fully paid the commissions/bonuses that they are entitled to.

If Guardian failed to pay all or some portion of the commissions/bonuses earned, drivers may have a cause of action to sue Guardian (and/or their affiliates) for unpaid wages pursuant to Fla. Stat. §448.08.

We are currently investigating these driver’s claims for unpaid or underpaid commissions. If we can confirm these claims, we intend to file a separate, related lawsuit for unpaid commissions on behalf of all drivers who claim they have been shorted some, or all, of their commissions.

Dispatcher/Customer Service Overtime Investigation
Our clients tell us that dispatchers and customer service employees also worked overtime and were not paid for all overtime hours worked.

If Guardian failed to pay all or some portion of the overtime wages to dispatchers and/or customer service employees, these employees also have a cause of action to sue Guardian (and/or their affiliates) for unpaid overtime wages pursuant to the Fair Labor Standards Act (29 U.S.C. 216(b) et. seq.).

We are currently investigating these claims for unpaid or underpaid overtime. If we can confirm these claims, we intend to file a separate, related lawsuit for unpaid overtime wages on behalf of all dispatchers and customer service employees who have been shorted some, or all, of their overtime wages.

DETAILS ABOUT THE GUARDIAN TOWING LAWSUIT/

CASE: Ricardo Rodriguez, individually and on behalf of others similarly situated v. Guardian Fleet Services Inc., (d/b/a Ace Wrecker; a Superior Towing Company) Alligator Towing and Recovery Inc., Crockett’s Towing LLC, Kauff’s Inc., Kauff’s of Miami Inc.; Kauff’s of Palm Beach Inc., Kauff’s of Ft. Pierce Inc. (d/b/a Kauff’s Transportation Systems); and Robfletch Inc. (d/b/a Professional Towing). Filed in the United States District Court, Southern District of Florida, West Palm Beach Division.

Mr. Rodriguez and his fellow plaintiffs were and are Tow Truck Drivers, Wrecker Drivers and CDL Operators working for Guardian’s affiliated subsidiaries as hourly employees. The plaintiffs claim that they were required to work more than 40 hours per week without the legally required overtime compensation pursuant to state and federal law.

Our lawsuit alleges that Guardian knowingly and willfully failed to pay Rodriguez, and all other drivers, overtime compensation at the appropriate legal rate for all hours they performed work beyond 40 hours per workweek in violation of the FLSA.

Mr. Rodriguez worked a schedule of 5 days, and was on call 2 other days, which routinely resulted in being called to do work. He worked for Guardian Fleet Services (GFS) and the other entities named our our lawsuit, but was advised he was performing work for one or more of Kauff’s “brands,” but it was made clear to him that whoever or whatever entity he was doing work for, he was being paid by GFS. He had the understanding that all the companies were operating under the GFS brand, ownership, management and control.

Mr. Rodriguez’s job duties included being informed by one or more dispatchers of primarily pickup trucks which require being transported on the wrecker. Each day, he drove to the Davie Terminal, just outside Fort Lauderdale, FL, and then picked up a company vehicle. Then he drove that vehicle to yet another terminal in Opa-Locka, FL, and then commenced with his daily routes and assigned jobs.

He routinely worked more than 40 hours in his work weeks throughout the term of his employment, and was paid a premium of time and one half of just his base hourly rate of pay for the clocked overtime hours worked. However, the overtime pay was strictly time and half the base hourly rate and did not factor in, or include the commissions earned, in the rates as required by the FLSA.

He also did not receive any overtime supplement or shore-up when commissions were paid for the weeks he worked more than 40 hours and earned commissions for these work weeks. Managers and supervisors could see Mr. Rodriguez and other drivers at their desks, eating and working, but they were not permitted to claim this time as compensable work hours. They were led to believe by Guardian management that the time he spent working during her meal breaks were not required to be paid, and thus was on his own dime.

Our lawsuit alleges that Guardian has willfully violated, and continues to violate, the FLSA by failing to pay Mr. Rodriguez and other drivers the correct and lawful required overtime compensation and premiums at the mandatory time and one half of their regular rates of pay. Guardian willfully failed to include commissions in the regular rates of pay calculations for all hours worked in excess of 40 per week.

How Drivers’ Commissions Impact Their Overtime Rate of Pay

Under the FLSA, an employer is required to include the value of commissions and bonuses earned in the employee’s ‘regular rate of pay’ when calculating the overtime wages due or owing (29 C.F.R. §778.114). That means incorporating the value of a commission into the hourly wages rate.

For example, if a driver is paid $10.00 per hour and worked 50 hours in one week, that driver should be paid $15.00 per hour in overtime wages for 10 overtime hours ($150.00). But if that driver also earned a $500.00 commission during that week, that driver’s regular rate of pay is effectively $20.00 per hour, and thus must receive $30.00 per hour for overtime wages ($300.00).

How the Overtime Rate of Pay Impacts this Guardian Case

We allege that Guardian failed to pay some or all of their overtime hours. We also allege that Guardian failed to include the value of the commissions/bonuses earned when they calculated overtime that was paid. In our lawsuit, we further allege that their managers and thus the company itself, knew drivers worked more than 40 hours a week without being paid the proper overtime wages in a willful violation of the FLSA.

To learn more about this case, click here.

Compensation We Seek to Recover for Our Affected Employees

Our lawsuit seeks to recover all overtime pay due from overtime hours worked for which compensation was not paid at the correct and lawful rates or not paid at all, plus an equal sum in liquidated damages, prejudgment interest, attorneys’ fees and costs under the FLSA’s three-year statute of limitations.

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

View the Rodriguez v. Guardian Fleet Services Collective Action Complaint

PRIOR LAWSUIT INVOLVING GUARDIAN FLEET SERVICES COMPANY/

Guardian was previously sued and settled a similar lawsuit in 2020 with one of the companies related to Guardian Fleet Services. Conchado et. al. v. Kauff’s Inc. et. al. Case No: 9:20-cv-80344-BER. United States District Court, Southern District of Florida.

We are interested in employees who were involved in this lawsuit. Whether or not you received a settlement payment as part of the Conchado lawsuit does not matter to us. We would like to speak with you to determine if you still have additional rights. If you continued to work for Guardian after the settlement or if your settlement payment did not include the value of your commission, you may be able to join our current lawsuit.

HAVE YOU WORKED AS A DRIVER, DISPATCHER OR CUSTOMER SERVICE REP AT GUARDIAN TOWING?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at Guardian to deny drivers, dispatchers and customer service employees overtime pay and commissions. Our attorneys specialize in overtime cases and have a winning track record to show it.

If you are a current or former employee who worked for Guardian (or any of their affiliates) within the past three years, we want to speak with you. Please contact us at (813) 639-9366.

We would appreciate 10 to 15 minutes of your time to discuss your work experience at Guardian as part of our continuing investigation into the alleged wage violations by Guardian. We are seeking to gather additional evidence in support of our position and corroborate facts about Guardian’s pay practices. We need to determine if the positions and job duties and requirements are similar for all the various job titles used, as well as to investigate and determine if the alleged unlawful pay practices at issue is pervasive and long standing at Guardian.

We look forward to the opportunity to discuss this case with you, and we can make ourselves available day or night.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED TO TRAINEES OF GENPACT/

Did you work as a trainee for Genpact at some point during the past few years? Those who currently hold or previously held the position of trainee any time in the past 3 years up to the present may be eligible to join a collective action case seeking to help with recovery of overtime wages that Genpact failed to pay.

The plaintiffs are using this collective action lawsuit to seek compensation the company owes them for unpaid overtime.

We believe Genpact is violating the federal overtime wage law in the Fair Labor Standards Act (FLSA) through the wage practices they are following for employees in trainee positions. All collective action members were wrongly classified as salaried workers who were exempt from overtime. Genpact was in direct violation of the FLSA which states that workers in training for executive, administrative, professional positions cannot be exempt from overtime pay per 29 C.F.R. § 541.705.

Genpact’s Services and Trainee Positions

Genpact is a professional services firm with fifteen offices across the U.S. which, among other things, trains workers for positions at other companies, thereby relieving those companies of the time and expense associated with training. Pursuant to Genpact’s uniform, common, and widespread national policies and practices, trainees are required to complete a rigorous and protracted training program. Specifically, their primary duty was to study, learn, and demonstrate comprehension and mastery of the information and skills necessary to perform the essential job requirements of the position for which they were being trained.

All trainee employees in the collective action lawsuit worked under various job titles, including but not limited to: Human Resources Manager Trainee, Disputes Investigations Specialist Trainee, Operations Manager Trainee, Liability Adjuster Trainee, Management Trainee, Management Trainee Logistics, Payable Accountant, Finance Operations Manager Trainee, GI & Intercompany Accounting Trainee, Master Data Management Trainee, and other interchangeable or related job titles. Trainees worked for Genpact while it trained them for various positions, with the goal of trainees being hired by other entities or businesses after completion of their training.

Lack of Time Tracking and Meal Breaks

Genpact failed to compensate trainees for all hours worked over 40 in each and every workweek, as a result of its uniform, common, and widespread national policy and practice to evade the FLSA and save many millions of dollars in labor costs to the detriment and harm of trainees.

Genpact does not have a practice of time tracking of its trainees because it has no timekeeping system to contemporaneously and accurately track the work hours of trainees. This led to no reporting of overtime hours for trainees who regularly worked for more than a 40-hour work week.

Genpact has a policy of requiring trainees to work between 9:00 am and 6:00 pm, which exceeds a 40-hour workweek, and the company encouraged trainees to work additional hours outside that 9-hour window, as well as through meal time breaks, to further learn their training materials.

Managers and supervisors at Genpact encouraged and even pressured trainees to work as many hours as possible to learn the materials relevant to their position. The trainees were expected to work extra hours to prove their worth as potential future employees.

What We Seek to Recover for Our Affected Employees

We believe that all affected employees working in trainee positions for Genpact throughout the U.S. should have an eligibility to recover all allowable compensation. These damages should include: recovery of overtime wages, prejudgment interest, and any attorney’s fees and costs.

LAWSUIT DETAILS ABOUT GENPACT’S FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Lynette Bland v. Genpact, LLC. Case No. 1-22-cv-08687, Filed in the United States District Court, Southern District of New York. Regarding Genpact’s violation of the Fair Labor Standards Act (FLSA) overtime wage laws.

Lynette Bland, a former Genpact LLC “Trainee” working remotely and reporting to the Jacksonville, Florida office, has commenced this nationwide, FLSA collective action lawsuit against Genpact LLC, individually and on behalf of all presently employed and formerly employed trainees of Genpact who worked anytime in the preceding 3 years to the present at any location in the U.S., including working remotely from home.

Our lawsuit alleges that Ms. Bland was hired to be eventually and hypothetically promoted to perform the job of “Disputes Investigations Specialist” and as per her offer letter, she was told that the title was also a “Trainee” for this position. Bland worked from January 2022 until July 2022, along with group of approximately 30 other, remotely hired trainees who were hired in a wave for eventual placement in this Disputes Investigations Specialist position for Chime, a banking company focused on building customers’ credit.

Bland was classified from the very start as a salaried exempt employee, and required to work the minimum, non-discretionary corporate set schedule of 9:00 am until 6:00 pm, a 9-hour day, Monday to Friday, and thus a 45 hour per week workweek, with the opportunity to take a full 1-hour, non-working, uninterrupted meal break. She was told that she was exempt from overtime pay and would not be paid for overtime hours. As a result, Genpact did not have any time clock or time tracking program to account for her work hours, nor did Genpact care whether she worked more than the minimum schedule, or more than 40 hours in any workweek.

We allege that trainees cannot meet the elements of any exemption from an employer’s obligation to pay overtime wages to employees who work more than 40 hours in any work week. Bland also points out that, at most, only one exemption under the FLSA could even be raised by Genpact as a defense to their willful refusal to pay overtime wages: the “administrative exemption.” However, Genpact, who has the burden to prove trainees are exempt under this administrative exemption in this lawsuit, would fail to carry this burden. Thus, Bland and all other trainees who worked for Genpact anytime in the prior 3 years to the date of trial must be compensated and paid their past overtime hours, and at time and one half each trainee’s regular rate of pay.

Our lawsuit also explains that pursuant the U.S. Supreme Court precedent, since Genpact did not track and record the trainees’ work hours, the burden to prove that trainees did not work overtime hours or the precise number of hours worked each week falls upon Genpact. Since the company did not track trainees’ work hours, Genpact must provide this proof, not the trainees.

Bland explains that she routinely logged into the Genpact computer system and database and its customer’s computer system and database upwards of 30 minutes prior to the starting 9:00 am shift time. She also routinely did some work during the so-called 1 hour allotted meal breaks. Given the workweek is a minimum of 9 hours a day and 45 hours per week, this also resulted overtime hours being incurred. Bland even had meetings during this 1-hour meal break. On one occasion, Genpact even admitted and offered to pay her for this time she did not take the full 1 hour, but alas, never did pay her.

Bland also was required to attend a training prior to the 9:00 am start time, as early as 6:30 am, again which was unpaid. Also, she occasionally staying logged in and doing work after 6:00pm.

Whether a trainee was hired under one of 10 or 20 different job titles, such as any sort of management trainee, this case seeks to include all such persons and to recover the unpaid overtime hours worked.

As the FLSA provides, Bland seeks to recover 2 times the wages awarded as liquidated damages for herself and all other trainees, and over a 3-year period. This period extends from October 2019 to the date of trial.

To learn more about this case, click here.

Representing Victims of Unfair FLSA 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, as well as in currently pending cases, worked at companies including Select Rehabilitation, Reliant Rehab, Strada Services, Verizon Connect, Cogent Communications, NinjaOne and NinjaRMM, Fleetcor Technologies, Total Insurance Brokers, Accenture, Managed Labor Solutions, Partsbase, Knight Enterprises, and others in similar FLSA collective actions.

Because of the practices of these companies, we believe that employees did not receive the overtime wages they earned. According to the federal FLSA and state wage laws, any non-exempt employees should receive a premium in wages for hours they work beyond the standard 40-hour work week.

Companies try to work around these overtime payment requirements by misrepresenting the responsibilities or titles of the employees or by outright forcing employees not to report overtime hours. Through our work on this case, we believe that Genpact is purposefully misclassifying trainees and expecting them to regularly work overtime hours.

Genpact’s Violations of the FLSA

Our attorneys at Feldman Legal Group would like to discuss with present and past trainees at Genpact regarding the company’s unfair overtime payment practices. Please contact us to discuss your situation.

Through our investigation, we believe that Genpact did not pay trainees for overtime who:

Regularly worked a 9-hour workday and 45-hour workweek, at a minimum
Worked through all or part of the meal break time
Worked outside of the 9:00 am to 6:00 pm regular hours to meet performance expectations
Had no method to track their overtime hours.

We are alleging that Genpact frequently expected and encouraged the employees to work hours beyond the 40-hour week without recording these hours as overtime. The company’s misclassification of trainees as exempt, salaried administrative or managerial workers was in direct violation of the law that states trainees cannot be exempt from overtime wages.

Our Investigation of Genpact’s Practices

While investigating the case involving our representative plaintiff, we learned that Genpact trainees were assigned a standard corporate work schedule of Monday through Friday from 9:00 am until 6:00 pm. Trainees routinely worked additional hours studying training the materials and performing other mandatory work activities and training requirements.

Genpact treated and classified the trainees as salaried, exempt employees which violates the law because the workers were in training rather than regular employees.

Since their hours were not recorded, the trainees failed to receive overtime wages for their time spent working through some of the meal breaks permitted, and time spent working beyond the scheduled shift times.

All trainees at Genpact may be working unpaid overtime, which means as many as 1,000 workers are owed wages for overtime they worked. Genpact employs approximately 1,000 trainees at any given point in time working at the company’s locations or working remotely and reporting to Genpact’s 15 offices.

Under this scheme, Genpact willfully and lacking in good faith, violated the FLSA by the following unlawful pay practices: a) willfully instituting and maintaining a deficient, inaccurate time tracking system, and b) willfully misclassifying all trainees as exempt from overtime pay.

Compensation We Seek from Genpact

We are demanding that Genpact to now pay for these extra hours that the employees worked, or that the company knew or should have known that the employees worked, at 1.5 times the regular rate of pay, as required under FLSA.

Get Help from Our Attorneys If You Believe You Weren’t Paid for Overtime

Were you a Genpact “Trainee” and misclassified as a salaried worker? Did you also work during or while on a break, or did you work any hours more than 40 in any week and were not paid overtime wages for this additional time? Then you would have a similar experience to that of Ms. Bland as described in our collective action complaint (see below link) and we want to hear about this work experience.

The outcome of this case can affect your rights under the Fair Labor Standards Act (FLSA) and any related state wage laws. When an employer “misclassifies” employees as exempt (meaning barred from) being paid for overtime hours, the employer — not the employee — has the legal burden of proof in any lawsuit to prove the exemption and to prove that their actions were lawful and in compliance with the FLSA or state wage laws.

Please contact us for a 10- or 15-minute phone call about your experiences with Genpact and about your beliefs regarding any FLSA violations the company performed. You are under no obligation to join the lawsuit or to work with us after this telephone call.

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

View the Lynette Bland v. Genpact, LLC Collective Action Complaint

HAVE YOU WORKED AS A TRAINEE AT GENPACT?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at Genpact to deny trainees the overtime pay, even though the FLSA shows that they are not exempt from it. Our attorneys specializing in overtime cases want to interview you about your experiences with the company if you’ve been in this situation within the past 3 years.

If you believe you deserved overtime wages that you did not receive and were expected to work overtime hours without pay to meet training requirements, please contact us. We would like to set up a time that is convenient for you to discuss your situation and experiences in any of these job positions.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY ORTHOPEDIC AND NEUROLOGICAL REHAB/

Did you work for Orthopedic and Neurological Rehabilitation (ONR) at some point during the past few years? Those who currently hold or previously held the position of Director of Rehabilitation (DOR), or any joint position of therapist and DOR, any time in the past 3 years up to the present may be eligible to join a collective action case seeking to help with recovery of overtime wages that ONR failed to pay.

The plaintiffs are using this class-action lawsuit to seek compensation the company owes them for unpaid overtime. We believe Orthopedic and Neurological Rehab is violating the Federal Overtime wage law in the Fair Labor Standards Act (FLSA) through the wage practices they are following for employees in DOR positions.

We are alleging through our lawsuit that Orthopedic and Neurological Rehab failed to pay overtime wages to Directors of Rehabilitation. All collective action members were wrongly classified as exempt from overtime. ONR also took impermissible deductions from DOR salaries for absences that were less than a full day, particularly when the number of patients they treated would cause them to limit billable Medicare hours.

Productivity Requirements

ONR has a practice of productivity requirements for billable treatment and Medicare hours, reaching upwards of 60% of total daily work hours. This left no time for 30-minute uninterrupted off duty meal periods and rest breaks. ONR also has a policy against reporting overtime hours and even threatened disciplinary action against employees who claimed such hours. Yet, they were required to complete all management and director job duties, to treat patients and complete all reporting and medical notes related to treatment. They were pressured to work hours off-the-clock to accomplish these tasks, rather than report actual hours worked.

These policies and practices led our plaintiff to submit either only enough hours to avoid failing the productivity requirement, or the report inaccurate hours so the maximum would not exceed 40 hours in a workweek.

What We Seek to Recover for Our Affected Employees

We believe that all affected employees working in DOR positions for ONR throughout the U.S. should have an eligibility to recover all allowable compensation. These damages should include: minimum wages and overtime wages, penalties and premium pay for missed meal and rest periods, restitution and restoration of sums owed, and any attorney’s fees and costs.

DETAILS ABOUT ORTHOPEDIC AND NEUROLOGICAL REHAB’S FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Faith Fermin-Hayes, individually and on behalf of all others similarly situated, v. Orthopaedic and Neurological Rehabilitation Inc. and Orthopaedic & Neurological Rehabilitation, Speech Pathology Inc. in violation of Fair Labor Standards Act (FLSA) overtime wage laws.

The lawsuit alleges that Ms. Fermin-Hayes routinely worked overtime hours without being paid anything for these hours, and that she was discouraged from even reporting the overtime hours worked. More importantly, when her work hours fell below 40, ONR cut and reduced her salary, unlawfully and impermissibly deducting hours from her salary in violation of the salary pay laws of the Fair Labor Standards Act (FLSA) and California’s wage laws.

As Fermin-Hayes and the lawsuit allege, ONR has thus forfeited their right to classify all DOR as exempt from overtime pay, and must now pay her and all similarly situated DOR all the overtime wages owed for all hours worked in the preceding 4 years in California, and for all others in the USA, for the preceding 3 years, plus double the wages owed as liquidated damages, in addition to paying attorney’s fees.

Additionally, Fermin-Hayes claims that she and all other DORs worked without taking bona fide meal breaks — meaning uninterrupted, non-working meal breaks of at least 30 minutes — as she had to work during these breaks. This lawsuit as well seeks to recover as provided for in California law, 1 hour of pay for each instance she and any DOR did not have at least a full 30 minute of non-working, uninterrupted meal break for the day, plus double in liquidated damages.

To learn more about this case, click here.

Representing Victims of Unfair FLSA Practices

Companies try to work around these overtime payment requirements by misrepresenting the responsibilities or titles of the employees or by outright forcing employees not to report overtime hours. Through our work on this case, we believe that Orthopedic and Neurological Rehab is purposefully requiring employees to work off the clock.

Orthopedic and Neurological Rehab’s Violations of the FLSA

At Feldman Legal Group, we would like to discuss with present and past Directors of Rehabilitation at Orthopedic and Neurological Rehab regarding the company’s unfair overtime payment practices. Please contact us to discuss your situation.

Through our investigation, we believe that Orthopedic and Neurological Rehab did not give credit for overtime to its DORs who:

Worked through all or part of the 30-minute lunch break time
Did not report hours worked if doing so meant they would not meet productivity requirements.
Worked hours before or after the official end of the workday

We are alleging that ONR frequently expected and encouraged the employees to work hours beyond the 40-hour week without recording these hours as overtime. The company’s unwritten and de facto policy of no overtime hours allowed, while expecting the employees to hit unreasonable productivity requirements, left employees with no choice but to work off the clock to complete the expected level of work.

Our Investigation of ONR’s Practices

While investigating the case involving our representative plaintiff, we learned that many ONR Directors of Rehabilitation routinely worked through the lunch break and through mandatory 10-minute uninterrupted off-duty rest periods. The company expected the DORs to work off the clock. If they reported any overtime hours, ONR would either shave or edit off the hours themselves or command the DORs to do so.

The company expected our representative plaintiff and other DORs to hit productivity requirements, regardless of whether these required tasks would require more than 40 hours in any week. Her productivity expectation was for patient treatment of 70% of her hours so that she could reach Medicare billable hours. For example, if a DOR were to report 10 hours worked for a day, she or he would have to also document and bill for 7 hours of patient therapy time. Failing to meet productivity requirements would subject a DOR to disciplinary action.

Under this scheme, a DOR could not report all of their overtime hours because most of the time, the billable therapy hours would not meet the Medicare requirement. To avoid failing the productivity requirement, our plaintiff would submit either only enough hours or self-report inaccurate and understated electronic time sheet so the maximum hours would not exceed 40 in any workweek.

In the majority of weeks, our representative plaintiff had to work multiple hours off the clock to meet the requirements. Our plaintiff was required to routinely attend meetings and training sessions and perform non-therapy Director responsibilities which negatively impacted her productivity requirement. But she was still expected to meet that requirement, even when it meant not reporting all these hours worked related to her responsibilities as a DOR.

ONR classified and treated Directors of Rehabilitation as salaried, exempt employees, who would, by law, no be entitled to overtime pay. But, when our plaintiff worked fewer than 40 hours in a workweek or did not have enough patients to report 40 hours of work, ONR treated our plaintiff and other DORs as hourly paid employees. That way, they deducted pay from their “salaries” in violation of FLSA wage laws for administrative and executive exempt employees.

Compensation We Seek from ONR

We are demanding that Orthopedic and Neurological Rehab to now pay for these extra hours that the employees worked, or that the company knew or should have known that the employees worked, at 1.5 times the regular rate of pay, as required under FLSA.

Get Help from Our Attorneys If You Believe You Weren’t Paid for Overtime

If you also worked under these conditions, our team would like to speak with you. We would like to gather more information on ONR’s practices regarding denying overtime pay to employees in the position of Directors of Rehabilitation.

Please contact us for a 10- or 15-minute phone call about your experiences with ONR and about your beliefs regarding any FLSA violations the company performed. You are under no obligation to join the lawsuit or to work with us after this telephone call.

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

View the Faith Fermin-Hayes v. Orthopedic and Neurological Rehab, Collective Action Complaint

HAVE YOU WORKED AS A DIRECTOR OF REHABILITATION AT ORTHOPEDIC AND NEUROLOGICAL REHAB?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at Orthopedic and Neurological Rehab to deny Directors of Rehabilitation the ability to earn overtime pay, even though the FLSA shows that they deserve overtime pay. Our attorneys in employment law want to interview you about your experiences with the company if you’ve been in this situation within the past 3 years and, in California, within the past 4 years.

If you believe you deserved overtime wages that you did not receive and were forced to meet productivity requirements even when that meant working overtime hours without pay, please contact us. We would like to set up a time that is convenient for you to discuss your situation and experiences in any of these job positions.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY The Scion Group LLC/

Did you work for The Scion Group LLC at any time during the past few years? Those who held positions of Maintenance Supervisors (MS), or similarly titled positions with similar work requirements, may be eligible to join a collective action case seeking to help with recovering overtime wages that The Scion Group failed to pay.

The plaintiffs are claiming that the company owes them payment for overtime they earned, and they are using this class-action lawsuit to seek the owed compensation. We believe The Scion Group is violating the federal overtime wage law in the FLSA (Fair Labor Standards Act). The Scion Group’s wage practices are violating the rights of employees with the MS job title and with similar job titles.

We are alleging through our lawsuit that The Scion Group failed to pay overtime wages to employees who were working in jobs performing primarily repair and maintenance work. Despite the job title that the company assigned to our representative plaintiff, he had no supervisory, hiring, or firing responsibilities.

Our representative plaintiff started working as a “Maintenance Supervisor” in December 2021. Others who were working in similar jobs for The Scion Group since that date, or even earlier, may be eligible to become part of this lawsuit.

We believe that all affected employees should be eligible to recover damages. These damages include unpaid wages for any hours worked beyond 40 hours per week, an equal sum of liquidated damages, and any attorney’s fees and costs.

DETAILS ABOUT THE SCION GROUP’S FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Andrew Giles, individually and on behalf of all others similarly situated, v. The Scion Group LLC, violation of Fair Labor Standards Act (FLSA) overtime wage laws.

Through this lawsuit, we are alleging that The Scion Group did not follow the FLSA and did not pay earned overtime wages to affected employees since at least December 2021.

We believe The Scion Group purposefully encouraged and forced employees to work beyond the normal 8-hour workday, denying them deserved overtime pay. At the time of his hiring, our representative plaintiff’s managers misled him to believe he was not eligible for overtime pay.

The company required MS employees to be “on call” one week per month, meaning these employees had to respond to any after-hours or weekend emergency calls, 24 hours a day, in addition to the regular workday assignments. MS employees received a $100 stipend for being on call, but no further compensation occurred for hours worked or for hours driving to the worksite.

Additionally, in order to complete the jobs managers assigned to him, our representative plaintiff frequently had to work more than 40 hours in a week when he was not on call. Maintenance Supervisors at The Scion Group did not clock in and out and did not record time for meal breaks.

We allege that managers at The Scion Group told employees they had to finish all assigned jobs to avoid falling short of production requirements, which could result in job termination. We allege The Scion Group knew and encouraged employees to work more than 40 hours without overtime pay to complete their assigned jobs.

Under the FLSA rules, The Scion Group should not force employees to work beyond the traditional workday to deny them receiving overtime pay. Additionally, these types of employees do not have traditional supervisory responsibilities and roles within the company, which would potentially make them exempt from receiving overtime pay.

Several present and former Maintenance Supervisors of The Scion Group recently joined the case along with our representative plaintiff. Others with similar job titles from this company, either current or past employees, may also be eligible to join the lawsuit. To learn more about this case, click here.

Representing Victims of Unfair FLSA 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, as well as in currently pending cases, worked at companies including Reliant Rehab, Cogent Communications, NinjaOne and NinjaRMM, Fleetcor Technologies, Select Rehabilitation, Strada Services, Verizon Connect, Verizon Connect Fleet, Total Insurance Brokers, Accenture, Managed Labor Solutions, Partsbase, Knight Enterprises, and others in similar FLSA collective actions.

As a result of our investigation into this case involving The Scion Group and similar past cases, we believe these companies try to work around overtime payment requirements by misrepresenting the responsibilities or titles of the employees or by forcing employees not to report overtime hours.

The Scion Group’s Violations of the FLSA

At Feldman Legal Group, we would like to speak with present and past employees of The Scion Group LLC about the company’s unfair overtime payment practices. Please contact us to discuss your situation.

Through our investigation, we believe that The Scion Group did not give credit for overtime to its employees who:

Worked hours beyond the 40-hour week
Worked uncompensated extra hours during weekdays and weekends while being on call 24/7
Did not record time off for meal breaks.

We are alleging that The Scion Group frequently expected and encouraged the employees to work hours beyond the 40-hour week without recording these hours as overtime. The company’s requirement that employees complete all jobs assigned to them in a week, no matter how long they required, often resulted in the need to work more than 40 hours in a week.

Our Investigation

While investigating the case involving our representative plaintiff, we learned that The Scion Group called this job a Maintenance Supervisor, even though these employees had no supervisory capabilities. We also learned that during periods in August, all maintenance supervisors had to work 14 consecutive days of 10 to 12 hours per day to prepare for the “move in” period at the college student housing properties the company operates. Again, MS employees received no specific overtime pay for these extra hours worked.

The company expected our representative plaintiff and others to hit productivity requirements and to complete all assigned jobs, regardless of whether these tasks would require more than 40 hours in any week. Most of the time, our representative plaintiff had to work multiple extra hours to meet the requirements. The company threatened termination if employees failed to meet their productivity requirements.

We learned that the company knew employees were working more than 40 hours per week. However, the company misled these employees to believe they were ineligible to earn overtime pay.

We are demanding that The Scion Group should pay for these extra hours that the employees worked (or that the company knew or should have known that the employees worked) at 1.5 times the regular rate of pay, as required under FLSA.

If you also worked under these conditions, our team would like to speak with you. We would like to gather more information on The Scion Group’s practices regarding denying overtime pay.

Please contact us for a 10- or 15-minute phone call about your experiences with this company and about your beliefs regarding any FLSA violations by the company. You are under no obligation to join the lawsuit or to work with us after this telephone call.

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

View the Andrew Giles v. The Scion Group LLC, Collective Action Complaint

HAVE YOU WORKED AS A MAINTENANCE SUPERVISOR AT THE SCION GROUP LLC?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at The Scion Group to deny Maintenance Supervisors and those with similar job titles the ability to earn overtime pay, even though under the FLSA they deserve overtime pay. This scheme dates to December 2021 and almost certainly earlier. Our employment attorneys want to interview you about your experiences with the company.

If you believe you deserved overtime wages that you did not receive while working as an MS or in any other similar position at The Scion Group LLC, please contact us. We would like to set up a time that is convenient for you to discuss your situation and experiences in this job position.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY RELIANT PRO REHAB LLC D/B/A RELIANT REHAB/

Did you work for Reliant Pro Rehab LLC or Reliant Rehab at some point during the past few years? Those who held positions titled as Physical Therapist, Occupational Therapist, Physical Therapist Assistant, and others similarly titled may be eligible to join a collective action case seeking to help with recovery of overtime wages that Reliant failed to pay.

The plaintiffs are using this class-action lawsuit to seek compensation the company owes them for unpaid overtime. We believe Reliant Pro Rehab and Reliant Rehab are violating the Federal Overtime wage law in the Fair Labor Standards Act (FLSA) through the wage practices they are following for employees with these job titles.

We are alleging through our lawsuit that the Reliant companies failed to pay overtime wages to employees who were working in jobs performing therapy work. Our representative plaintiff started working as a physical therapist in April 2019. Others who were working in similar jobs for these companies since April 2019 or, in some cases, even earlier, may be eligible to become part of the lawsuit.

We believe that all affected employees should have an eligibility to recover damages. These damages should include wages unpaid for any hours worked in excess of 40 hours per week, an equal sum of liquidated damages, and any attorney’s fees and costs.

DETAILS ABOUT RELIANT PRO REHAB’S FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Kristen Kendall, individually and on behalf of all others similarly situated, v. Reliant Pro Rehab LLC, d/b/a Reliant Rehab, violation of Fair Labor Standards Act (FLSA) overtime wage laws.

Through this lawsuit, we are alleging that the Reliant companies did not follow the FLSA and did not pay earned overtime wages to affected employees since at least April 2019.

In an effort to avoid paying overtime wages, we believe Reliant Pro Rehab and Reliant Rehab purposefully encouraged and forced employees to work “off the clock,” meaning they were expected to finish their assigned work, no matter how long it took, without reporting working more than 40 hours. Any employees who reported working overtime hours would receive disciplinary actions, including fear of termination. Under the FLSA definition, Reliant should not force employees to work off the clock to deny them receiving overtime pay.

Some of the job titles at Reliant Pro Rehab and Reliant Rehab where regional managers and directors of rehab expected employees to work off the clock and to not expect overtime pay included:

Therapist
Therapy Assistant
Physical Therapist (PT)
Occupational Therapist (OT)
Physical Therapy Assistant (PTA)
Certified Occupational Therapy Assistant (COTA)
Speech Language Pathologist (SLP)

Those with similar other job titles at Reliant may also be eligible to join the lawsuit. This case will involve current employees in these jobs as well as past employees.

To learn more about this case, click here.

Representing Victims of Unfair FLSA 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, as well as in currently pending cases, worked at companies including Cogent Communications, NinjaOne and NinjaRMM, Fleetcor Technologies, Select Rehabilitation, Strada Services, Verizon Connect, Verizon Connect Fleet, Total Insurance Brokers, Accenture, Managed Labor Solutions, Partsbase, Knight Enterprises, and others in similar FLSA collective actions.

Companies try to work around these overtime payment requirements by misrepresenting the responsibilities or titles of the employees or by outright forcing employees not to report overtime hours. Through our work on this case, we believe the Reliant companies are purposefully requiring employees to work off the clock.

Reliant Rehab’s Violations of the FLSA

At Feldman Legal Group, we would like to discuss with present and past employees of Reliant Rehab and Reliant Pro Rehab LLC the company’s unfair overtime payment practices. Please contact us to discuss your situation.

Through our investigation, we believe that the Reliant companies did not give credit for overtime to its employees who:

Worked through all or part of the 30-minute lunch break time
Worked hours before the official start of the workday
Worked hours after the official end of the workday
Worked weekend hours.

We are alleging that Reliant frequently expected and encouraged the employees to work hours beyond the 40-hour week without recording these hours as overtime. The company’s unwritten and de facto policy of no overtime hours allowed, while expecting the employees to hit unreasonable productivity requirements, left employees with no choice but to work off the clock to complete the expected level of work.

Our Investigation
While investigating the case involving our representative plaintiff, we learned that many Reliant therapists worked through the lunch break for one or multiple days a week. The company expected the employees to report on a timecard that they actually did not work during this break, going so far as to change a timecard to reflect a 30-minute break taken, even if the employee reported working during the break. Employees also worked before and after the normal work hours, but the company did not allow them to report these as hours worked because of the company’s unwritten policy banning overtime hours.

The company expected our representative plaintiff and others to hit productivity requirements, attend mandatory meetings, and complete mandatory treatment notes, regardless of whether these required tasks would require more than 40 hours in any week. In the majority of weeks, our representative plaintiff had to work multiple hours off the clock to meet the requirements.

We learned that the company knew employees were working off the clock, yet chose to require employees to not report these extra hours, because they would result in overtime pay. When our representative plaintiff asked about reporting the extra hours as overtime, the company threatened disciplinary action and termination. Yet, the company also threatened disciplinary action and termination if employees failed to meet their productivity requirements.

We are demanding the Reliant companies to now pay for these extra hours that the employees worked, or that the company knew or should have known that the employees worked, at 1.5 times the regular rate of pay, as required under FLSA.

Get Help from Our Attorneys If You Believe You Weren’t Paid for Overtime

If you also worked under these conditions, our team would like to speak with you. We would like to gather more information on Reliant’s practices regarding denying overtime pay.

Please contact us for a 10- or 15-minute phone call about your experiences with the Reliant companies and about your beliefs regarding any FLSA violations the company performed. 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.

View the Kristen Kendall v. Reliant Pro Rehab LLC, d/b/a Reliant Rehab, Collective Action Complaint

HAVE YOU WORKED AS A THERAPIST AT RELIANT PRO REHAB LLC OR AT RELIANT REHAB?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at the Reliant companies to deny therapists the ability to earn overtime pay, even though the FLSA shows that they deserve overtime pay. This scheme dates to April 2019 and perhaps earlier. Our employment attorneys want to interview you about your experiences with the company.

If you believe you deserved overtime wages that you did not receive while working as a PT, OT, PTA, COTA, SLP, or any other similar position at Reliant Rehab, please contact us. We would like to set up a time that is convenient for you to discuss your situation and experiences in any of these job positions.

Reliant Rehab - California - Pending Class Action Case/

We have a class action case pending for Therapists working for Reliant Pro Rehab LLC d/b/a Reliant Rehab in California for violations of the state’s wage laws.

Case: Anderson and Nunally, individually and on behalf of all others similarly situated, v. Reliant Pro Rehab LLC d/b/a Reliant Rehab, EDCA, Case No. 1:22-cv-00599-HBK.

This class action case seeks to recover the following wages for violations of numerous California wage laws and statutes occurring during the period of May 20, 2017 to the present day:

Payment of 1 hour of time for each and every instance in which a Therapist was not able to take a 10 minute, non-working rest break for every 4 hours of work. Thus, if a Therapist worked an 8 hour day, they should have received 2 hours of pay.
Payment of 1 hour for each and every day that a Therapist was not able or did not take a complete 30 minute, uninterrupted, and non-working meal breaks (aka a bona fide meal break) in which the person was completely relieved of all work duties. This means that a 29 minute break is a violation of the law. Entering notes during a break period is also a violation of the law.
Payment of all unpaid overtime hours for any off-the-clock work.
Double the sum owed as liquidated damages.

COLLECTIVE ACTION COURT FILING/

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

View the Anderson and Nunally v. Reliant Rehab, Collective Action Complaint

Find Out If You Can Join This Case/

If you worked for Reliant Rehab California as a Therapist during the period of time from May 20, 2017 to the present day, we want to speak to you about your work experience. If you suffered similar treatment and did not receive overtime pay that you should have, please contact us. Our attorneys at Feldman Legal Group are ready to help you.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY COGENT COMMUNICATIONS, INC./

Did you work for Cogent Communications Holdings, Cogent Communications of South East, or Cogent Communications at some point during the past few years? Those who held inside sales representative positions, including any of several account manager positions and similarly titled positions, may be eligible to join a collective action case seeking to help these employees recover overtime wages Cogent Communications failed to pay to them.

The plaintiffs are using this class-action lawsuit to seek compensation the company owes them for unpaid overtime, underpaid overtime, unpaid commissions, and underpaid commissions. Through Cogent Communications’ wage practices for its inside sales reps, we believe the company is violating the Federal Overtime wage law in the FLSA Fair Labor Standards Act.

Through our lawsuit, we are alleging that Cogent Communications companies failed to pay overtime wages to employees who were working in inside sales jobs and similar jobs. Our representative plaintiff started working for Cogent in January 2019. Others who were working in similar jobs for this company since January 2019 or, in some cases, even earlier than 2019 may be eligible to become part of the lawsuit.

Through our position, we believe that all affected employees have an eligibility to recover damages. We believe these damages would include wages unpaid or underpaid for any hours worked in excess of 40 per week, as well as an equal sum of liquidated damages and any attorney’s fees and costs.

DETAILS ABOUT COGENT COMMUNCATIONS’ FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Nasser Zaki, individually and on behalf of all others similarly situated, v. Cogent Communications Holding Inc., Cogent Communications of South East Inc., and Cogent Communications Inc., violation of Fair Labor Standards Act (FLSA) overtime wage laws.

Through this lawsuit, we are alleging that Cogent Communications failed to follow the FLSA law by not paying overtime wages to affected employees working as inside sales representatives since at least January 2019.

To avoid paying overtime wages, we believe Cogent Communications used various job titles that would indicate certain employees were not eligible for overtime pay, even though they were working in jobs that would make them eligible for overtime pay. We are alleging that these positions, regardless of what Cogent called them, consist of non-exempt employees under the FLSA definition, meaning they deserve an hourly wage and overtime pay.

Some of the job titles Cogent Communications used to try to classify certain employees as being part of management and exempt from receiving overtime pay included:

Regional Account Manager (RAM)
National Account Manager (NAM)
Global Account Manager (GAM)

The defendant potentially used other job titles. Employees often used these job titles to describe their own jobs as well.

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, as well as in currently pending cases, worked at companies including NinjaOne and NinjaRMM, Fleetcor Technologies, Select Rehabilitation, Strada Services, Verizon Connect, Verizon Connect Fleet, Total Insurance Brokers, Accenture, Managed Labor Solutions, and others in similar FLSA collective actions.

Companies try to work around these requirements to pay overtime by misrepresenting the responsibilities or titles of the employees, making it appear as though these employees are exempt from having the opportunity to earn overtime pay. Through our work on this case, we believe Cogent Communications is performing this type of misrepresentation.

Cogent Communications’ Violations of the FLSA

At Feldman Legal Group, we would like to discuss with past employees of Cogent the company’s unfair overtime payment practices. Please contact us to discuss your situation.

Through our investigation, we believe that Cogent Communications did not give credit for overtime to its employees who:

Worked through all or part of the one-hour lunch break time
Worked hours before the official start of the workday
Worked hours after the official end of the workday
Worked weekend hours.

We are alleging that Cogent Communications frequently expected and encouraged the employees to work hours outside of the normal workday without recording these hours as overtime.

Our Investigation

While investigating the case involving our representative plaintiff, we learned that he and other account managers worked through the entire lunch hour break for one or multiple days a week.

Additionally, he and other account managers often took less than the one-hour lunch break and ate lunch at their desks while working. This occurred anywhere from one to five days in many work weeks. People in these inside sales positions who were working through these breaks deserved overtime pay.

We also discovered that Cogent Communications did not make use of a timesheet that allowed inside sales reps to record the start or stop time of any lunch breaks. Therefore, the timesheet always assumed that employees took the entire one-hour break, rather than allowing the employees to accurately record their work hours.

Finally, we learned that Mr. Zaki is alleging he and other account managers often felt pressure to work hours before the workday, after the workday, and on the weekends. They also felt pressure to work these hours without receiving overtime, because the company’s policy on overtime was that any employee who planned to work overtime had to have management pre-approve any extra work hours. However, management had a standing policy of refusing to approve overtime hours, so employees felt they had no opportunity to receive approval for overtime.

Because of this failure to pay for overtime hours worked, our representative plaintiff believes the company also underpaid commissions he earned, as commission payments tied into weekly salary amounts. Had he received his proper overtime pay, an increase in his commission pay also should have occurred.

Get Help from Our Attorneys If You Believe You Weren’t Paid for Overtime

If you also worked under these conditions, our team would like to speak with you. We would like to gather more information on Cogent Communications’ practices regarding overtime pay for inside sales reps.

Please contact us for a 10- or 15-minute phone call about your experiences with Cogent and about your beliefs regarding any FLSA violations the company performed. 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.

View the Nasser Zaki v. Cogent Communications, Inc., Collective Action Complaint

HAVE YOU WORKED AS AN INSIDE SALES REP AT COGENT COMMUNICATIONS HOLDINGS, COGENT COMMUNICATIONS OF SOUTH EAST, OR COGENT COMMUNICATIONS?/

Feldman Legal Group would like to speak to anyone with information regarding the scheme at Cogent Communications to deny inside sales representatives the ability to earn overtime pay, even though the FLSA shows that they deserve overtime pay. This scheme dates to January 2019 and perhaps earlier. Our employment attorneys want to interview you about your experiences with the company.

If you believe you deserved overtime wages that you did not receive while working as a RAM, NAM, GAM, or any other similar position at Cogent Communications, please contact us. We would like to set up a time that is convenient for you to discuss your situation and experiences in any of these types of job positions.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY NINJAONE/

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.

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

View the NinjaOne Collective Action Complaint

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.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY FLEETCOR TECHNOLOGIES/

Did you work for Fleetcor Technologies Operating Company or Fleetcor Technologies Inc. at some point during the past few years? Those who held inside sales representative positions and similar positions at these companies may be eligible to join a collective action case seeking to recover unpaid overtime wages.

This class-action lawsuit aims to recover compensation for overtime wages that the companies failed to pay or underpaid for those working in positions with duties similar to inside sales representatives. This lawsuit alleges that this practice represents a wage violation of the FLSA (Fair Labor Standards Act).

Through the lawsuit, we are alleging that the Fleetcor Technologies companies failed to pay overtime wages to certain employees who held jobs related to inside sales. Those who meet these criteria and who worked for Fleetcor in the period from December 2018 to December 2021 may be eligible to join the lawsuit.

We believe these employees deserve to recover damages, including unpaid or underpaid overtime wages at 1.5 times the employee’s regular rate, liquidated damages, attorney’s fees and costs, and other damages.

DETAILS ABOUT FLEETCOR'S FAILURE TO PAY OVERTIME WAGES/

CASE: Jaan Marion, individually and on behalf of all others similarly situated, v. Fleetcor Technologies Operating Company LLC and Fleetcor Technologies Inc., violation of Fair Labor Standards Act (FLSA) overtime wage laws.

Our lawsuit alleges that Fleetcor failed to pay required overtime wages or underpaid overtime wages to affected employees working in jobs related to inside sales since December 2018.

These Fleetcor Technologies companies 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 inside sales representative positions should have been non-exempt, hourly-paid employees, making them 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:

Account Manager
Regional Account Manager
Account Executive
National Sales Account Manager
Sales Executive
Outbound Sales Rep
Territory Salesman
Business Sales Consultant
Business Developer
Regional Account Executive
Senior Sales Fleet Management Consultant
Fuel and Business Expense Management Consultant
Sales Representative
Elite Sales Rep
Customer Success Manager

At Feldman Legal Group, we have represented employees at companies including 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 Fleetcor with this lawsuit.

We have brought lawsuits on behalf of employees in other Fleetcor companies over the past six years for similar wage violations, including in the following cases:

Jones and Bridgeforth v. Fleetcor
Green v. Fleetcor
Mitchev and Sellers v. Fleetcor Operating Company LLC
Miller v. Fleetcor
Joshua Walker v. Fleetcor Operating Company LLC, et al
Taylor v. Fleetcor Technologies Operating Company, LLC
Hill v. Fleetcor Technologies Operating Company, LLC
Morrison v. Fleetcor Technologies Operating Company, LLC (pending)

Fleetcor’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 the Fleetcor Technologies companies. Some of the ways these companies failed to credit and pay employees for their overtime hours included having employees:

Work through part or all of the companies’ permitted meal breaks
Work outside of normal shift hours
Fail to receive commissions or bonuses, based on the regular rate of pay
See managers change their submitted records for overtime hours worked

We want to hear about your work experience with Fleetcor in a 10-to-15-minute phone call.

Our Investigation

As we investigate the alleged FLSA wage violations from the Fleetcor companies, 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 collective action complaint for more information about the case.

View the Fleetcor Collective Action Complaint

HAVE YOU WORKED AT FLEETCOR?/

If you have information regarding the scheme at Fleetcor to deny paying overtime to deserving employees in sales rep and similar positions, the employment attorneys at Feldman Legal Group want to speak with you about what happened.

If you believe Fleetcor did not pay the overtime wages that you deserved, please contact us. We will set up a convenient time to speak with you about your experience.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY SELECT REHAB/

Did you work for Select Rehab at some point during the past few years? Those who held inside Program Manager, Physical Therapist and similar therapist positions at this companies may be eligible to join a collective action case seeking to recover unpaid overtime wages.

This class-action lawsuit aims to recover compensation for overtime wages that the companies failed to pay or underpaid for those working in positions with duties similar to therapists of all types and Program Managers. This lawsuit alleges that this practice represents a wage violation of the FLSA (Fair Labor Standards Act).

Through the lawsuit, we are alleging that the Select Rehab failed to pay overtime wages to certain employees who held jobs related to therapy and program management positions. Those who meet these criteria and who worked for Select Rehab in the past three years (back through the beginning of 2019) may be eligible to join the lawsuit.

DETAILS ABOUT SELECT REHAB'S FAILURE TO PAY OWED OVERTIME WAGES/

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.

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.

View the Select Rehab Collective Action Complaint

View the Select Rehab Class Action and Supporting Memorandum of Law

HAVE YOU WORKED AS AN INSIDE SALES REP AT SELECT REHAB?/

If you have information regarding the scheme at Select Rehab to deny paying overtime to deserving employees, the employment attorneys at Feldman Legal Group want to speak with you about what happened.

If you believe Select Rehab did not pay the overtime wages that you deserved, please contact us. We will set up a convenient time to speak with you about your experience.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY STRADA SERVICES (D/B/A STRADA ELECTRIC AND SECURITY)/

Did you work as an employee for Strada Services (also called Strada Electric and Security) at any time during the past several years? If you held a laborer position at Strada, you may be eligible to join this collective action case to recover overtime pay the company owes you.

This lawsuit attempts to recover overtime wages owed to those working as rate workers and laborers for Strada in the past several years. This practice represents an alleged wage violation of the FLSA (Fair Labor Standards Act).

We allege Strada Services failed to pay overtime wages to those with job titles including installers, helpers, laborers, technicians, rough and trim installers, electricians, right and trim electricians, and more. Any persons working on a piece rate basis also may join the lawsuit.

These laborers deserved to receive overtime compensation, which includes time and a half of the regular rate of pay for all hours worked beyond 40 hours in a week, but that the company failed to pay. We believe these employees deserve to recover damages, including payment of these lost overtime wages, as well as all attorney’s fees and costs related to the lawsuit, prejudgment interest, and liquidated damages.

DETAILS ABOUT STRADA SERVICE'S FAILURE TO PAY OWED OVERTIME WAGES/

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.

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.

View the Reyes v. Strada Services Collective Action Complaint here and view the Thomer v. Strada Services Collective Action Complaint here.

HAVE YOU WORKED AS AN INSIDE SALES REP AT STRADA SERVICES?/

If you have information regarding the scheme at Strada Services, d/b/a Strada Electric and Security, to deny paying overtime to deserving employees over at least the past three years, and potentially longer, the employment attorneys at Feldman Legal Group want to speak with you about what happened.

If you believe Strada Services did not pay the overtime wages that you deserved, please contact us. We will set up a convenient time to speak with you about your experience.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY VERIZON CONNECT/

Did you work for Verizon Connect or Verizon Connect Fleet USA (f/k/a Fleetmatics USA) in North Carolina or Illinois at some point during the past few years? Those who held inside sales representative positions at these companies may be eligible to join a collective action case seeking to recover unpaid overtime wages from the companies.

This class-action lawsuit aims to recover compensation for overtime wages that the companies failed to pay for those working as inside sales representatives and in similar positions. This lawsuit alleges that this practice represents a wage violation of the FLSA (Fair Labor Standards Act).

Through the lawsuit, we are alleging that the Verizon Connect companies failed to pay overtime wages to employees who held job titles including Business Development Representative (BDR), Sales Partner, or Closer in the states of Illinois or North Carolina. Those who meet these criteria and who worked for Verizon Connect for any length of time from November 2018 to the present are eligible to join the lawsuit.

We believe these employees deserve to recover damages including unpaid overtime wages, double and triple the wages owed, attorney’s fees and costs, and interest on the unpaid wages.

ClassAction.org Features Our Case Against Verizon Connect/

See the Featured Article

DETAILS ABOUT VERIZON CONNECT’S FAILURE TO PAY OWED OVERTIME WAGES/

CASE: Jeremy Mancini Bates and Elaina Hall v. Verizon Connect Fleet USA LLC and Verizon Connect Inc., violation of Fair Labor Standards Act (FLSA) overtime wage laws in North Carolina and Illinois.

The lawsuit alleges that Verizon Connect and Verizon Connect Fleet failed to pay required overtime wages to affected employees working as inside sales reps since November 2018. The lawsuit alleges that the companies failed to keep accurate records regarding hours worked in North Carolina and Illinois.

These Verizon Connect companies used certain job titles to attempt to classify such employees as being ineligible for overtime pay. However, Business Development Representatives and those holding similar job titles should have been non-exempt, hourly-paid employees.

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

Business Development Representative (BDR)
Business Development Manager (BDM)
Account Manager
Account Executive
Associate Sales Partner
Closer
Consultant
Development Manager
Fleet Manager
Sales Partner
Sales Specialist

Verizon Communications, which is the parent company of Verizon Connect and Verizon Connect Fleet, purchased Fleetmatics USA in 2016. Fleetmatics USA became Verizon Connect and Verizon Connect Fleet in 2018.

Verizon continued to operate these two companies under the same unlawful pay structure regarding withheld overtime pay that Fleetmatics USA used. Fleetmatics USA subsequently lost a settlement of more than $2 million for its unfair pay practices.

To learn more about this case, click here.

Common Unfair Practices

At Feldman Legal Group, we have represented employees at companies including Total Insurance Brokers, Strada Services, Fleetcor, 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 Fair Labor Standards Act and other 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 misclassifying the employees as exempt from overtime payment.

Verizon Connect’s Violations of the FLSA

Contact us if you have experienced any unfair overtime pay calculation as an employee of Verizon Connect companies. Some of the ways these companies failed to credit and pay employees for their overtime hours included having employees:

Work through part or all of the companies’ permitted meal breaks
Come in early to start a shift before the scheduled work time
Continue to work after the scheduled shift time ended
Work outside of normal shift hours
Perform any type of work during meal breaks or outside the office, including answering emails, making phone calls, or performing data entry

We want to hear about your work experience with Verizon Connect and Verizon Connect Fleet.

Our Investigation

As we investigate the alleged FLSA wage violations from the Verizon Connect companies, we want to speak with employees in North Carolina and Illinois who experienced these violations. We want to speak with you to further verify the facts about the company’s illegal practices regarding overtime pay.

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

View the Verizon Connect Collective Action Complaint

HAVE YOU WORKED AS AN INSIDE SALES REP AT VERIZON CONNECT?/

If you have information regarding the scheme at Verizon Connect or Verizon Connect Fleet to deny paying overtime to deserving employees in Illinois or North Carolina since November 2018, the employment attorneys at Feldman Legal Group want to speak with you about what happened.

If you believe Verizon Connect did not pay the overtime wages that you deserved, please contact us. We will set up a convenient time to speak with you about your experience.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY TOTAL INSURANCE BROKERS/

Did you work for Total Insurance Brokers LLC at any time during the past several years? If so, and if you held a job title similar to Sales Agent, you may be eligible to join a collective action that aims to recover overtime wages the company owes to you.

Those working under Total Insurance Brokers as Sales Agents, Senior Sales Agents, and in similar job positions since at least June 2018 sometimes did not receive overtime pay owed for all of the hours worked. When those employees did receive overtime pay, Total Insurance Brokers sometimes miscalculated the pay, short-changing employees.

We allege that Total Insurance Brokers LLC purposefully withheld the proper overtime compensation from its employees working as inside sales representatives. This represents an alleged wage violation of the FLSA (Fair Labor Standards Act or 29 U.S.C. §216), which requires that employees classified as inside sales personnel receive the proper amount of overtime pay.

These workers often worked more than 40 hours per week, including through a lunch break, before and after a normal workday, and on weekends. We are seeking the deserved payment for these employees, including payment of the lost or miscalculated overtime wages, all attorney’s fees, all costs related to the lawsuit, prejudgment interest, and liquidated damages.

DETAILS ABOUT TOTAL INSURANCE BROKERS' FAILURE TO PAY THE PROPER OVERTIME WAGES TO INSIDE SALES REPS/

CASE: Karita Middleton, individually and on behalf of all others similarly situated, v. Total Insurance Brokers LLC, a Fair Labor Standards Act overtime wage collective action lawsuit for the class of inside sales personnel.

This lawsuit alleges Total Insurance Brokers failed to pay required overtime wages to sales agents over the past few years or failed to properly calculate the overtime pay owed to those employees.

In the first part of the complaint, Total failed to pay the Sales Agents, Senior Sales Agents, and similarly titled employees for all hours worked during the week. Total often ignored hours worked over lunch, outside of the normal workday, and on weekends.

In the second part of the complaint, when calculating the overtime pay, Total failed to include the value of commissions the sales personnel earned. FLSA requires that employers add any base salary per hour to any commission earned per hour to calculate the time-and-a-half number for overtime pay for a particular week.

To learn more about this case, click here.

Representing Employees Treated Unfairly
Feldman Legal Group focuses its time and effort on many cases where employees receive unfair treatment from companies that are violating the FLSA.

Some of the companies against whom we have brought or we are bringing pending lawsuits include Discrete Wireless (d/b/a Nextraq), Fleetcor, Fleetmatics, Granite Telecom, Managed Labor Solutions, N3 Results, Partsbase, Sage Software, Strada Services (d/b/a Strada Electric and Security), Verizon Connect, and others.

Many of these cases involve employers willingly miscalculating overtime pay owed under FLSA or refusing to pay overtime by ignoring extra hours worked.

Total Insurance’s Violations of the FLSA
Contact us as soon as possible if you worked for Total Insurance Brokers and believe you did not receive the proper amount of overtime pay. Some of the alleged violations against employees include the following:

- Not receiving pay for time worked beyond 40 hours per week
- Being expected to work through lunch without pay
- Being expected to work on weekends without pay
- Working before and after normal working hours without pay
- Miscalculating the proper overtime pay by failing to include commissions earned per hour

If a Total Insurance Sales Agent received base pay of $10 per hour and earned $400 in commission in a 40-hour work week, this calculates to earning $10 of commission per hour too. Total needed to calculate the employee’s time-and-a-half overtime pay based on $20 per hour, not $10 per hour. Overtime pay should have been $30 per hour, not $15 per hour.

FLSA requires employers to include commissions in any calculation of overtime pay.

We are seeking to receive the proper overtime pay for employees that Total short-changed, as well as liquidated damages of double the sum of overtime wages owed.

Our Investigation
We are seeking to speak with any past or present employees of Total Insurance Brokers who experienced pay issues similar to those described here. We are seeking information to verify the facts being alleged in this overtime pay violation case.

Speaking with us does not mean that you must agree to opt into the lawsuit, although you can. We have an interest in gathering as much information as possible regarding the case, including determining the exact length of time Total Insurance has been cheating its inside sales representatives out of the proper overtime pay.

To learn more about the case, please review the collective action complaint below.

View the Karita Middleton v. Total Insurance Brokers LLC Collective Action Complaint

HAVE YOU WORKED AS AN INSIDE SALES AGENT AT TOTAL INSURANCE BROKERS?/

If you have information regarding the scheme at Total Insurance Brokers to miscalculate overtime pay or to completely deny the payment of overtime since at least June 2018, the employment law attorneys at Feldman Legal Group want to speak with you about your experience.

If you believe you deserved a greater amount of overtime pay than what Total Insurance provided, please contact us. We will set up a time that’s convenient for you to speak with us about what happened to you.

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY N3 RESULTS (NOW ACCENTURE)/

Did you work in an inside sales-related position for N3 Results (also called N3 LLC and now owned by Accenture) in the past several years? If you held this type of position, you may be eligible to join this collective action case to recover overtime pay.

This lawsuit will attempt to recover overtime wages owed to those working as inside sales reps (ISRs) for N3 in the past several years. This practice represents an alleged FLSA (Fair Labor Standards Act) wage violation.

N3 Results failed to pay overtime wages to salespeople with job titles including Business Development Representative, Sales Opportunity Manager, Account Manager, Account Executive, and more. As part of the lawsuit, inside sales representatives (ISRs) deserve time and a half of the regular rate of pay for all hours worked beyond 40 hours in a week, including calculation of commission and bonuses, plus payment of all attorney’s fees and costs related to the lawsuit.

DETAILS ABOUT THE N3’S FAILURE TO PAY OVERTIME WAGES TO INSIDE SALES REPRESENTATIVES/

CASE: Kendon Austin v. N3 LLC d/b/a N3 RESULTS; and ACCENTURE LLP, Fair Labor Standards Act (FLSA) OVERTIME WAGE Collective Action Lawsuit for the class of hourly salespeople.

The lawsuit alleges that N3 Results failed to pay required overtime wages to inside salespeople with titles including Business Development Representative, Business Development Manager, PDM, Opportunity Manager, Account Manager, Account Development Representative, Sales Consultant, Pipeline Manager, Tele Territory Channel Manager, Solutions Consultant, Inside Opportunity Manager, Account Executive, Account Development Representative, SDR, and others over the past several years.

Common Unfair Practices

At Feldman Legal Group, we have represented inside sales employees at companies including Fleetcor, Fleetmatics, Sage Software, Partsbase, Discrete Wireless d/b/a NEXTRAQ, Granite Telecom, and others in similar FLSA collective actions.

Companies in the inside sales industry are well-known for stealing wages from employees who deserve them. These companies often cheat their inside sales representatives out of the overtime wages they earn, violating the Fair Labor Standards Act and other state wages laws.

These laws state that people working as inside sales representatives must receive a premium in payment for all hours they work beyond the standard 40-hour week. Some of the ways companies scheme to avoid paying overtime to ISRs include misleading the employees, discouraging reporting of overtime, and misclassifying the ISRs as exempt from overtime.

N3’s Violations of the FLSA

Contact us if you have experienced any unfair overtime pay calculation as an N3 inside sales rep, including any of the following scenarios:

Not receiving pay for time worked beyond 40 hours in a week
Working through meal breaks without being paid for the time with no means to report the time you worked
Working during times when you were not on the clock for any reason
Working while at home without receiving pay for the time, including answering calls and emails or entering CRM data
Receiving reduced overtime pay that did not include the value of any commissions or bonuses
Being paid a salary instead of being paid for overtime hours.

We want to hear about your work experience as an inside sales rep for N3 Results.

Our Investigation for This Case

As we investigate the alleged FLSA wage violations against N3 Results, we want to speak with as many ISRs as possible. We are seeking to verify the facts about the company’s illegal pay practices regarding overtime pay.

We will use this information to determine whether the unfair pay practices are long standing and pervasive at N3. To learn more about this case, click here.

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

View the Kendon Austin v. N3 LLC Complaint (pdf)

HAVE YOU WORKED AS AN INSIDE SALES REP AT N3 Results?/

If you have information regarding the scheme at N3 Results to deny paying overtime to deserving sales representatives over the past several years, the attorneys at Feldman Legal Group want to speak with you about your experiences.

If you believe N3 did not pay you overtime wages that you deserved, please contact our employment lawyers. We will set up a time to speak with you about your work experience that is convenient for you.

PENDING - Lawsuit for Overtime Wages Owed by Managed Labor Solutions /

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.

Details About the Managed Labors Solutions Case – Shawn Poliner v. Managed Labors Solutions, LLC/

CASE: Shawn Poliner, v. MANAGED LABOR SOLUTIONS LLC (MLS), Fair Labor Standards Act (FLSA) OVERTIME WAGE Collective Action Lawsuit for class of all hourly employees including drivers, transporters, VSA’s, Cleaners working for MLS pending in the US District Court Middle District of Florida.

The lawsuit alleges a plan and scheme by Managed Labor Solutions (MLS) to evade and avoid paying required overtime wages to all hard-working laborers including drivers, transporters, cleaners, VSA’s working for the company in the preceding 3 years to the present.

Changed Timesheets

The lawsuit alleges that MLS maintained a willful unlawful practice of editing, altering and removing hours worked from time sheets filled in by employees, and in purposefully shaving overtime hours from the pay of Poliner and all other similarly situated workers.

Working Through Lunch

The lawsuit also alleges that employees routinely worked during the 30 minute provided lunch break, but that MLS unlawfully and willfully automatically deducted 30 minutes or more from each day regardless of whether the employee had to work through the meal break, causing loss of pay, specifically overtime wages due and owing. The FLSA requires any deductible break to be at least 20 minutes of uninterrupted time, totally free of work activities.

A Pattern at MLS

Poliner alleges that he examined time sheets and compared them to paystubs and paychecks and noted routine discrepancies resulting in him getting paid less than the hours on the time sheets, including and especially when it came to overtime hours, and facts which were corroborated by a human resources employee. Furthermore, Managed Labor Solutions has a history of this same unlawful conduct, having been sued in the past over similar unlawful pay practices and FLSA violations, and to which MLS settled with the plaintiff and paid him back wages.

Our Investigation for this Case

As part of our continuing investigation into the alleged FLSA wage violations by Managed Labor Solutions and in an effort to gather evidence in support of our position and corroborate facts about its pay practices, we are in need of speaking to as many present and former drivers, transporters, VSA’s, cleaner and all other hourly paid employees. We seek to determine if the positions and job duties/requirements are similar for all the various job titles used, as well to investigate and determine if the alleged unlawful pay practice at issue here is pervasive and long standing at MLS and for all hourly paid positions.

Are you someone who has valuable information as a witness to the alleged unlawful pay practices? If so, contact an attorney at Feldman Legal Group.

**The FLSA also makes it unlawful to retaliate or discriminate against any person or employee who makes a claim for overtime wages, including participating in any class or collective action to recover overtime wages.

View the Poliner v. Managed Labor Solutions Complaint (pdf)

View more details about this case here: https://mlsclassovertimepay.com

CLASS ACTION FILING - Justice for Workers of Managed Labor Solutions /

Pay violations and health insurance benefits violations at MLS.

Feldman Legal Group files class action on behalf of all drivers, transporters, cleaners and shuttle bus drivers for MLS. MLS failed to provide health insurance benefits in violation of ERISA and ACA, and other deceptive and unjust pay practices. If you worked at any time for MLS, we want to speak with you. The case is Poliner v. Managed Labor Solutions, LLC. US District Court, Middle District of Florida, Jacksonville Division.

View the Class Action Filing for Poliner v. Managed Labor Solutions (pdf)

Have You Worked as a Driver, Transporter, Cleaner or VSA for Managed Labors Solutions?/

This case involves all present and former drivers, transporters, cleaners, vehicle service attendants who have worked over 40 hours a week during any workweek in the past 3 years. If you are were not paid a premium (overtime pay) for all hours worked, the attorneys at Feldman Legal Group want to speak to you about your work experience.

DO YOU HAVE INFORMATION ABOUT OVERTIME PAY PRACTICES AT MLS?

If you have any information you would like to share, or if we can discuss your work experience with MLS, please contact our team at Feldman Legal Group. Let us know your available days and times, including nights or weekends, to best call you, and the number to reach you at.

$3.2 Million Settlement Won - Lawsuit for Overtime Wages Owed by Verizon Connect Fleet /

$3.2 Million Settlement: Feldman Legal Group won Justice for Workers

This case concluded with a settlement for $3,200,000.00 for FLSA Collective action wage and hour cases for Inside Sales Representatives and Business Development Representatives. In Re: Lauren Garnick, Tshacha Romeo, and Corey Hanvey, et al; US District Court, Middle District of Florida, Tampa Division, Case No. 8:20-cv-1474-MSS-TGW.

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View the Garnick, Romeo and Hanvey v. Verizon Connect Settlement Order (pdf)

Could You Be Part of the Verizon Connect Case?/

Have you worked overtime for Verizon Connect in the past three years? Did Verizon Connect somehow prevent you from getting full payment for the overtime, or prevent you from taking your paid breaks for lunch? You may be eligible to join this collective action case.

The lawsuit seeks to recover overtime wages for all present and former Inside Sales Reps, including but not limited to all Business Development Representatives (BDRs), 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 (which must include the value of all commissions/bonuses earned). 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.

Details About the Verizon Connect Case/

CASE: Lauren Garnick and Tshacha Romeo V. VERIZON CONNECT FLEET USA, LLC FLSA Collective Action for Recovery of Overtime Wages, US District Court, Middle District Of Florida, Case No: 8:20-cv-01474

The lawsuit alleges a plan and scheme by Verizon Connect to evade and avoid paying required overtime wages to all inside sales reps, including BDRs, working for the company in the preceding 3 years to the present. The lawsuit alleges that the Company had a de facto policy against employees reporting all overtime hours, and a policy and practice of permitting employees to suffer to work off the clock for overtime hours, both of which would be unlawful.

Working Through Lunch

The lawsuit also alleges that employees routinely worked during the 1 hour provided lunch break which would cause each and every person to incur compensable, unpaid overtime wages, and that the company did not provide any real means to report and claim these overtime hours, up to 5 hours per week, and other compensable overtime time minutes and hours.

Unrecorded Work Hours

Plaintiffs Garnick and Romeo also allege they incurred work hours unreported and unpaid coming in work early, staying late, and handling phone calls and emails outside of the office.

Company with History of Unlawful Pay Practices

Verizon Connect, as successor and purchaser of Fleetmatics, has inherited a company with past similar unlawful pay practices against BDR by failing to pay overtime wages as seen in the case of Gillard, Stramiello and Pate v. Fleetmatics USA LLC, Case no. 8:16-cv-00081, settled for $2.1 million dollars in November 2016.

Our Investigation for this Case

As part of our continuing investigation into the alleged FLSA wage violations by Verizon Connect and gather evidence in support of our position and corroborate facts about its pay practices, we are in need of speaking to as many present and former BDRs and all other inside sales reps. We seek to determine if the positions and job duties/requirements are similar for all the various job titles used, as well to investigate and determine if the alleged unlawful pay practice at issue here is pervasive and long standing at Verizon Connect.

Are you someone who has valuable information as a witness to the alleged unlawful pay practices? If so, contact an attorney at Feldman Legal Group.

View the Garnick and Romeo v. Verizon Connect Complaint (pdf)

Have You Worked as Sales Rep at Verizon Connect? /

This case involves all present and former Inside Sales Representatives and Business Development Representatives who have worked over 40 hours a week during any workweek in the past 3 years. If you are were not paid a premium (overtime pay) for all hours worked, the attorneys at Feldman Legal Group want to speak to you about your work experience.

DO YOU HAVE INFORMATION ABOUT OVERTIME PAY PRACTICES AT VERIZON CONNECT?

If you have any information you would like to share, or if we can discuss your work experience with Verizon Connect, please contact our team at Feldman Legal Group. Let us know your available days and times, including nights or weekends, to best call you, and the number to reach you at.

PENDING - Lawsuit for Overtime Wages Owed by Partsbase, Inc. (d/b/a Govgistics, Inc.)/

Employment law attorneys with extensive experience in class action cases at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for inside sales reps of Partsbase Inc. (d/b/a Govgistics Inc). for recovery minimum wages and overtime wages and other damages.

Details About the Partsbase Case - Shawn Martin v. Partsbase Inc. d/b/a Govistics Inc./

CASE: Shawn Martin v. Partsbase Inc. d/b/a Govistics Inc., United States District Court, Southern District of Florida, Case No: 9:20-cv-80235-DMM

The lawsuit, by Shawn Martin, seeks to recover for all present and former inside sales representatives, minimum wages for every hour that inside sales representatives worked in the prior 3 years to the present and continuing, plus an equal sum in liquidated damages. The lawsuit also seeks to recover for all present and former inside sales representatives, overtime wages for all hours worked at rates of time and one half the employees regular rates of pay (which must include the value of all commissions earned).

The lawsuit alleges a plan and scheme by Partsbase and Govgistics to evade and avoid paying the FLSA required overtime wages to all inside sales representatives working for the company in the preceding 3 years to the present. The lawsuit alleges that the Company had a De Facto policy against inside sales representatives reporting all overtime hours, and a policy and practice of permitting employees to suffer to work off the clock for overtime hours, both of which would be unlawful. The lawsuit seeks to recover an equal sum in overtime wages as liquidated damages, plus attorney’s fees and costs.

The lawsuit alleges that Partsbase and Govgistics did not permit inside sales representatives the right to keep their base wages of hourly pay, “free and clear” as required by the FLSA, and instead treated these wages as a draw (loan) against future commissions, in violation of the FLSA.

Finally, the class action lawsuit seeks to recover for all present and former inside sales representatives, the base hourly wages promised and agreed to be paid by Partsbase and Govgistics pursuant to claims of violation of Florida’s Deceptive and Unfair Trade Practices Act, Conversion, and Unjust Enrichment.

Retaliation against current and former employees for asserting claims formally or informally, or participating in any class action or collective action for wages is a violation of the FLSA.

Please review the Complaint document below for information about both the Martin case.

View the Martin v. Partsbase Complaint (pdf)

Have You Worked as an Inside Sales Rep for Partsbase (doing business as Govgistics)?/

If you are a present or former inside sales representative for Partsbase Inc. or Govgistics Inc., working under any title, including Business Development Executive, Business Development Manager, Account Manager, Defense Analyst, or any other title used to describe the position of selling the company’s products or services, then this lawsuit may affect your legal rights.

If you are or were an inside sales representative for one of these companies, then the attorneys at Feldman Legal Group would like to speak to you about your work experience.

PENDING - Lawsuit for Overtime Wages by Knight Enterprises/

The employment law attorneys at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for cable installers and cable technicians who are misclassified as independent contractors to avoid paying them overtime wages.

Details About the Knight Enterprises Cases - Yan v. Jeffry Knight, Inc. and Green v. Jeffry Knight, Inc. /

CASES: Starr Green v. Jeffry Knight Inc. d/b/a Knight Enterprises AND Weimang Yan v. Jeffry Knight Inc. d/b/a Knight Enterprises for failure to play overtime wages in violation of the FLSA, US District Court, Middle District of Florida, Case No: 8:20-cv-00410.

The complaint alleges that after Knights Enterprises has faced numerous lawsuits and claims by many of its cable installers/technicians for the same claims of unlawfully misclassifying them as independent contractors in a scheme to avoid paying legally required overtime wages, and settling those collective and class cases and paying overtime wages, they continue with their unlawful pay practice and keep millions of dollars in wages owed to workers in order to maximize profits at the expense of its workers.

The lawsuit seeks to recover for all persons who worked for Knights Enterprises in the past 3 years to the present and continuing, overtime wages plus an equal sum in liquidated damages, attorney’s fees and costs of the action.

Below you can view the court document filings for both the Yan and the Green case against Jeffry Knight Inc. d/b/a Knight Enterprises, Inc.

View the Complaint in the Yan Case (pdf)

View the Complaint in the Green Case (pdf)

Have You Worked as a Cable Installer or Technician for Knight Enterprises?/

If you are now or were at any the past 3 years a cable installer or installation technician working for Knight Enterprises in Florida, South Carolina, North Carolina or any other state, we would like to speak to you about your work experience. Please contact an employment law attorney at the Feldman Legal Group today.

PENDING - LAWSUIT FOR OVERTIME WAGES BY TIRE KINGDOM/

The employment law attorneys at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for those in positions of retail Service Manager, Tech or Mechanic, and Tire Tech for alleged willful, unlawful pay practices by Tire Kingdom in violation of the Fair Labor Standards Act. Not only did Tire Kingdom fail to pay overtime wages, the employer also underpaid employees for the regular hours they worked.

DETAILS ABOUT THE TIRE KINGDOM NATIONAL COLLECTIVE (CLASS) ACTION OVERTIME AND MINIMUM WAGE LAWSUIT/

CASE: David Czopek, Chirstopher Knott, David Easlick, and Johnathan Red individually and on behalf of all others similarly situated, V. TBC Retail Group, Inc. d/b/a Tire Kingdom. Case No.: 8:14-cv-00675-JDW-TBM United States District Court, Middle District of Florida, Tampa Division.

The plaintiffs, former Tire Kingdom retail Service Manager, Tech or Mechanic and Tire Tech, respectively, filed this collective action case for the class of all such similarly situated employees and seek national class certification for alleged willful, unlawful pay practices in violation of the Fair Labor Standards Act (FLSA).

The lawsuit alleges that they were subjected to such unlawful pay practices as shaving of time off time records, forced working off the clock, working through lunches without additional compensation, failure to pay minimum wages for all hours worked up to 40 and failure to pay overtime wages for all hours worked over 40.

Tire Kingdom treated the class of mechanics as exempt from the minimum wage and overtime wage provisions of the FLSA. Our lawsuit alleges as well that tire techs were paid less than minimum wage. Additionally, even when paid for hours worked, our suit alleges that Tire Kingdom willfully underpaid class members by failing to include the payment of non-discretionary incentive payments (bonuses/spiffs) in the calculation of the regular rate of pay as required under the FLSA.

The plaintiffs allege that Tire Kingdom improperly charged employees a fee by distributing pay on a debit card, which included mandatory fees each employee had to pay to receive his or her wages. Moreover, Tire Kingdom had limits on the amount of money each employee could withdraw.

The case has three classes:

Hourly Employee Class: Comprised of all hourly employees who are or were employed within the past three years preceding the filing of the lawsuit;
Mechanic Class: Comprised of all flat rate technicians/mechanics;
Tire Tech Class: Comprised of all tire technicians.

Our lawsuit asks for a judgment against Tire Kingdom and injunction barring the improper and unlawful pay practices. Plaintiffs seek to recover minimum wages for all hours worked that were not paid correctly, overtime wages for all overtime hours worked. Our suit also seeks recovery of underpaid overtime wages, plus an equal sum in liquidated damages, attorney’s fees and costs of the litigation. Plaintiffs intend to seek Certification of the Classes and court-supervised notice to all current and former employees, within the relevant time period of their rights to opt into this suit and claim their wages.

View the Tire Kingdom collective action complaint.

CASES WON BY FELDMAN LEGAL GROUP/

$4.8 Million Settlement - Lowe's Human Resource Managers Misclassification and Overtime Wages/

Feldman Legal Group, PA obtains a $4.8 million settlement in class overtime wage case against Lowe’s.

Lizeth Lytle, individually and on behalf of all others similarly situated v. Lowe’s — case settled $4.8 million — overtime wage claim for class of HR managers.

View Case

$4.25 MILLION SETTLEMENT WON - LAWSUIT FOR OVERTIME WAGES AND DAMAGES BY HERTZ CORP. AND DOLLAR THRIFTY EMPLOYEES/

$4.25 Million Settlement: Feldman Legal Group won Justice for Workers

This case concluded with a settlement for $4,250,000.00 of FLSA Collective action and New York wage and hour class action cases for Function and Location Managers of Hertz, Dollar and Thrifty. In Re: Hertz, et al; US Bankruptcy Court, District of Delaware, case: 20-011218-MFW.

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The employment law attorneys with extensive experience in class action cases at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for Location Managers, Function Managers and Operations Managers who work outside in the rental car lot, at check-ins, the entry gate, in stalls, at the pump, etc.

DETAILS ABOUT THE HERTZ CASE - AIYEKUSIBE, HIGGINSON AND BROWN-WINN V. THE HERTZ CORP/

CASE: Aiyekusibe, Higginson and Brown-Winn v. The Hertz Corporation and DTG Operations, Inc., Case 2:18-CV-00816-FTM99-MRM, United States District Court, Middle District of Florida.

Mr. Aiyekusibe was hired as an Operations Manager (later called a Function Manager) and worked primarily performing manual labor in the lot alongside other managers working in the exterior checking in cars, handling stalls, working the gate, and washing and getting cars ready for check-ins. Mr. Aiyekusibe has since been joined by 2 more location/function managers who from the BWI Hertz / Dollar Thrifty airport location, Mischele Higginson and Shatal Brown-Winn.

All workers performing these roles were classified as exempt from overtime wages. Hertz Corp. and its subsidiary, Dollar Thrifty, willfully violated the overtime wage laws by classifying these workers as exempt and forcing them to work up to 70 or more hours per week, without breaks, and without being paid any premium pay for overtime hours to save themselves millions of dollars in labor costs.

This lawsuit alleges and seeks to recover for all such persons, overtime wages for the past 3 years to the present and an equal sum in liquidated damages.

View Case

For more information about the class collective action case against Hertz and its subsidiary, Dollar Thrifty, please visit this site about Location and Function Manager overtime wage case.

Below you can view the court document filings for the original Bamidele Aiyekusibe case and the more recent case in which he is joined by Mischele Higginson and Shantal Brown-Winn.

View the Aiyekusibe, Higginson and Brown-Winn Complaint (pdf)

View the Original Aiyekusibe Complaint (pdf)

HAVE YOU WORKED IN EXTERIOR OPERATIONS FOR HERTZ OR DOLLAR THRIFTY?/

If you want more information or have any questions about your work experience with Hertz or its subsidiary, Dollar Thrifty, please contact Feldman Legal Group today.

$3.25M SETTLEMENT WITH MARKETSOURCE INC. AND AMERICAN HONDA MOTOR CO./

Feldman Legal Group and attorney Mitchell Feldman reached a settlement with Marketsource Inc. and American Honda Motor Company Inc. to settle the nationwide wage claims of “AHM Zone Recall Specialists” and “District Recall Coordinators”, including variations in the titles such as Recall Coordinator, and Recall Specialist for the gross sum of $3,250,000.00.

THE DETAILS OF THE MARKETSOURCE CASE/

CASE: Christie Tarsa and Sarah Trattner, individually, and on behalf of all others similarly situated v. Marketsource Inc. Case No. 1:19-cv-02684-WMR in the United States District Court, Northern District of Georgia, Atlanta Division.

The lawsuit alleges that Marketsource has willfully, and unlawfully misclassified Honda Recall Specialists as exempt from overtime wages under the FLSA, and knew or should have known that the position does not meet or satisfy any Exemption under the FLSA from their obligation to pay a premium to workers for all hours worked over 40 in a in each and every work week.

There are very few exemptions under the FLSA for an employer to be excused from its duty and obligation to pay employees for overtime hours worked. Further, its not the duty and requirement of the Employee to document the hours in order to be entitled to be paid for the hours worked.

The FLSA also makes it unlawful to retaliate or discriminate against any person or employee who makes a claim for overtime wages, including participating in any class or collective action to recover overtime wages.

View the collective action complaint.

$2.9 Million Collective Action Settlement Against Payless/

As a result of this case, Payless paid more, $2.9 million more, in a Connecticut FLSA settlement with store managers seeking overtime wages. The store misclassified the employees in a move to avoid paying them overtime.

Following on the increase in wage class actions, this week brings us a hefty settlement for shoe retailer, Payless Shoesource Inc. Last March, former Payless store managers filed suit in Connecticut federal court, accusing the company of misclassifying them as exempt and failing to pay them overtime.

In the Shallin, et al v. Payless ShoeSource case, the Federal District Court approved $2.9 million collective action settlement for store leaders and store managers in identified classes. These employees were denied overtime pay because their employer, Payless, misclassified their positions as exempt.

See the Court Ordered Settlement for $2.9 million.

$1.25 MILLION SETTLEMENT WITH BURGER KING CORP/

Feldman Legal Group and attorney Mitchell Feldman reached a settlement with Burger King Corporation to settle the overtime wage claims of employees enrolled in the Burger King Leadership Development Program and Operation Coach trainees for the sum of $1.25 million. Burger King failed to pay overtime wages to the trainees, though such overtime pay is required by law.

THE DETAILS OF THE BURGER KING OPERATION COACH TRAINEE CASE/

CASE: Rebecca L. Schadt, individually and on behalf of all others similarly situated v. Burger King Corp. Case No. 8:16-cv-00081-JDW-MAP, in the United States District Court, Middle District of Florida.

Our lawsuit alleges that Burger King has intentionally and repeatedly engaged in the practice of misclassifying trainee employees as salaried exempt employees under the FLSA for the purpose of minimizing payroll and increasing profitability.

Ms. Schadt worked for Burger King from April 14, 2014 until September 29, 2014 training to become an Operation Coach, and enrolled in the Burger King Leadership Development Program. Though she was classified as a trainee, she was not paid overtime wages for her hours worked beyond the 40-hour workweek, as required by the Fair Labor Standards Act (FLSA).

Ms. Schadt’s duties while training to become an Operation Coach primarily involved menial, non-exempt tasks such as flipping hamburgers, cooking, cleaning, and assisting customers.

Our lawsuit alleges that, because she held a trainee position, she was not exempt from overtime wages. Furthermore, though she was nominally training for the Operation Coach position, in practice, she had no management duties or decision-making power. She did not:

supervise or delegate work to employees
perform duties of a Coach
have authority to make disciplinary decisions
have authority to make decisions about pay rates or benefits

Instead, Burger King required Ms. Schadt to work ten to thirteen-hour days often and well over 40 hours each work week. The primary job duty of Ms. Schadt was to work as a low-level cook, restaurant hourly employee.

Ms. Schadt was paid a salary which was based on working 40 hours per week upon the completion of her training program. However, during the training program, Ms. Schadt averaged fifty-five (55) hours of work per week and was required to work through lunches receiving no break and no pay for those hours. She worked at 3 different Burger King restaurants, forced to commute large distances to get to the work sites. She spent upwards of 5 months toiling away as a restaurant laborer, performing non-exempt duties, and for the benefit of the Defendant.

Burger King continued to require that Ms. Schadt and similar trainees toil away and work long hours for many months until they found or created an opening for which she was being trained for.

Our suit alleges that Burger King knowingly and willfully misclassified Ms. Schadt, and other employees similarly situated, as exempt for the purposes of decreasing costs and maximizing profitability.

The trainees received little if any benefit from working and toiling away for months in restaurants performing non-exempt duties such as cooking, cleaning, customer service. After a day or more or even a few days, they understood the position, and beyond that were no longer receiving any sort of benefit to be used in the positions to which they were training for.

However, Burger King did not have open positions for all the trainees, and therefore kept the trainees working in restaurants 4 days per week months longer than necessary to train for the position they were hired for.

Our lawsuit seeks recovery of unpaid overtime wages for all hours worked beyond the 40-hour workweek, prejudgment interest, attorneys’ fees, costs and other compensation.

Additionally, Ms. Schadt seeks a declaratory judgment as to the above allegations; that the Burger King purposely and uniformly misclassified all trainees in the Leadership Development Programs as exempt under the FLSA.

View the Burger King collective action complaint.

$750,000 SETTLEMENT WITH SAGE SOFTWARE INC. /

Feldman Legal Group and attorney Mitchell Feldman reached a settlement with Sage Software Inc. to settle the nationwide overtime wage claims of inside sales representatives, for the sum of $750,000. The company regularly expected the sales reps to reach sales quotas by working overtime hours without pay, and if they did not, they risked disciplinary action, including termination of their employment.

THE DETAILS OF THE SAGE SOFTWARE INSIDE SALES REP CASE/

CASE: Torion Sellers, Renee Bell, and Keith Russell, individually and on behalf of all others similar situated v. Sage Software Inc., et al. Case No: 1:17-cv-03614 in the United States District Court, Northern District of Georgia, Atlanta Division.

Torion Sellers and Renee Bell worked as inside sales representatives for Sage in Atlanta, Georgia under the titles of Account Manager or Account Executive. They were treated by Sage as non-exempt, hourly employees (meaning entitled to overtime wages and non-exempt from the overtime laws).

The companies named in the case are Sage Software, Inc. (SSI) and Sage Payment Solutions, Inc. (SPS). In January of 2018, Sage rebranded its company and is now known as Paya, Inc.

Both Sellers and Bell routinely worked over 40 hours, but Sage did not pay overtime wages, despite knowledge that both and all other inside sales reps were working overtime hours. Both allege that Sage tracked their work hours through logging into the phone system. Yet, when they and all other inside sales reps worked overtime, Sage failed to pay them for the those added hours, which is contrary to the Fair Labor Standards Act (FLSA) overtime laws.

Sellers and Bell either stayed late, came in early or worked through some or all their lunch or meal breaks causing them to work routinely over 40 hours. As the complaint alleges, the FLSA requires automatic payment of overtime wages when the employer has any knowledge or reason to know an employee worked over 40 hours. Any request by the employer to work over 40 hours without overtime pay is unnecessary and improper, especially where there is a culture of disciplinary action if any such employee were to seek to be paid for the overtime hours. The plaintiffs allege a de facto (unwritten) policy that inside sales reps were to work as many hours as necessary to hit quotas and production goals or they would lose their jobs.

Sage also violated the FLSA by not having a time tracking system for hourly non-exempt employees (the inside sales reps) to log in and out of for arrival, departure and breaks as required by the FLSA.

View the Sage Software collective action complaint.

$750,000 SETTLEMENT WITH DISCRETE WIRELESS/FLEETCOR (d/b/a NEXTRAQ)/

Feldman Legal Group and attorney Mitchell Feldman reached a settlement with Discrete Wireless/Fleetcor, d/b/a Nextraq, to settle the overtime wage claims of inside sales representatives. The employer encouraged the sales reps to work overtime hours to meet and exceed sales quotas for the sum of $750,000.

THE DETAILS OF THE DISCRETE WIRELESS/FLEETCOR (NEXTRAQ) INSIDE SALES REP CASE/

CASE: Kelly Brown and David Gillard v. Discrete Wireless, Inc.; Fleetcor Technologies Operating Company, LLC; and Fleetcor Technologies, Inc. all d/b/a Nextraq. Case No. 8:14-CV-01922-VMC-EAJ

Our firm is representing eight former inside sales representative of Discrete Wireless/Fleetcor d/b/a Nextraq® (hereinafter referenced as Nextraq) for alleged violations of the Fair Labor Standards Act (FLSA) overtime wage provision. Our lawsuit seeks class certification on behalf of all similarly situated inside sales reps under any of the following titles: Account Manager, Account Rep, Customer Service Rep, Account Executive or Consultant.

Specifically, our lawsuit alleges that Nextraq misclassified inside sales representatives as exempt from the overtime section of the Fair Labor Standards Act during periods of time in which such employees should have been paid overtime wages for all hours worked. Our suit further alleges that the defendant did not have a good faith basis for misclassifying the plaintiff class as exempt because the position cannot satisfy the executive, administrative or outside sales exemptions. The plaintiffs also allege that they, and all similarly situated inside sales reps, routinely worked overtime. Their employer encouraged them to do so to meet or exceed sales quotas and keep their jobs.

Our investigation revealed that Nextraq, after the buyout or purchase by Discrete Wireless/Fleetcor (hereinafter referenced as Fleetcor), recognized the FLSA violations. The company then put in place a policy in which it would pay overtime hours. It also reclassified the sales positions as nonexempt from overtime. This means that if the inside sales reps work overtime, or hours above 40, they would require approval and would be paid time and one half or other additional compensation for their overtime.

However, as our lawsuit alleges, despite Fleetcor recognizing the error and unlawful pay practice, they willfully did not examine the history of pay for each employee. As a result, the company did not pay for all the overtime hours sales reps worked over the past three years as they should have.

Our lawsuit seeks to recover for the class of inside sales representatives the overtime wages owed for all hours worked beyond 40 hours in any week at a rate of one and one half the employee’s regular rate of pay (including the value of bonuses and commissions in the regular rate of pay). In addition, we seek an equal sum to be paid by Fleetcor, as liquidated damages as provided under the FLSA, plus attorney’s fees and costs.

View the Fleetcor (aka Nextraq) collective action complaint.

*DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past result because prior results do not guarantee a similar outcome.

The attorneys at Feldman Legal Group assist employees involved in overtime and wage and hour disputes as well as employment discrimination matters in Tampa, Jacksonville, and throughout Florida. We also have an office in Atlanta, Georgia.

Current Cases and Investigations

CASES WE HANDLE/

Cases Won

Pending Cases

PENDING - LAWSUIT FOR UNPAID COMMISSIONS AND OVERTIME WAGES OWED TO GUARDIAN TOWING EMPLOYEES/

OUR INVESTIGATION OF WAGE VIOLATIONS FOR DRIVERS, DISPATCHERS AND CUSTOMER SERVICE EMPLOYEES

DETAILS ABOUT THE GUARDIAN TOWING LAWSUIT/

How Drivers’ Commissions Impact Their Overtime Rate of Pay

How the Overtime Rate of Pay Impacts this Guardian Case

PRIOR LAWSUIT INVOLVING GUARDIAN FLEET SERVICES COMPANY/

HAVE YOU WORKED AS A DRIVER, DISPATCHER OR CUSTOMER SERVICE REP AT GUARDIAN TOWING?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED TO TRAINEES OF GENPACT/

LAWSUIT DETAILS ABOUT GENPACT’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS A TRAINEE AT GENPACT?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY ORTHOPEDIC AND NEUROLOGICAL REHAB/

DETAILS ABOUT ORTHOPEDIC AND NEUROLOGICAL REHAB’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS A DIRECTOR OF REHABILITATION AT ORTHOPEDIC AND NEUROLOGICAL REHAB?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY The Scion Group LLC/

DETAILS ABOUT THE SCION GROUP’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS A MAINTENANCE SUPERVISOR AT THE SCION GROUP LLC?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY RELIANT PRO REHAB LLC D/B/A RELIANT REHAB/

DETAILS ABOUT RELIANT PRO REHAB’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS A THERAPIST AT RELIANT PRO REHAB LLC OR AT RELIANT REHAB?/

Reliant Rehab - California - Pending Class Action Case/

COLLECTIVE ACTION COURT FILING/

Find Out If You Can Join This Case/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY COGENT COMMUNICATIONS, INC./

DETAILS ABOUT COGENT COMMUNCATIONS’ FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS AN INSIDE SALES REP AT COGENT COMMUNICATIONS HOLDINGS, COGENT COMMUNICATIONS OF SOUTH EAST, OR COGENT COMMUNICATIONS?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY NINJAONE/

DETAILS ABOUT NINJAONE’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED WORKED AS AN INSIDE SALES REP AT NINJAONE OR NINJARMM?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY FLEETCOR TECHNOLOGIES/

DETAILS ABOUT FLEETCOR'S FAILURE TO PAY OVERTIME WAGES/

HAVE YOU WORKED AT FLEETCOR?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY SELECT REHAB/

DETAILS ABOUT SELECT REHAB'S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS AN INSIDE SALES REP AT SELECT REHAB?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY STRADA SERVICES (D/B/A STRADA ELECTRIC AND SECURITY)/

DETAILS ABOUT STRADA SERVICE'S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS AN INSIDE SALES REP AT STRADA SERVICES?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY VERIZON CONNECT/

ClassAction.org Features Our Case Against Verizon Connect/

DETAILS ABOUT VERIZON CONNECT’S FAILURE TO PAY OWED OVERTIME WAGES/

HAVE YOU WORKED AS AN INSIDE SALES REP AT VERIZON CONNECT?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY TOTAL INSURANCE BROKERS/

DETAILS ABOUT TOTAL INSURANCE BROKERS' FAILURE TO PAY THE PROPER OVERTIME WAGES TO INSIDE SALES REPS/

HAVE YOU WORKED AS AN INSIDE SALES AGENT AT TOTAL INSURANCE BROKERS?/

PENDING - LAWSUIT FOR OVERTIME WAGES OWED BY N3 RESULTS (NOW ACCENTURE)/

DETAILS ABOUT THE N3’S FAILURE TO PAY OVERTIME WAGES TO INSIDE SALES REPRESENTATIVES/

HAVE YOU WORKED AS AN INSIDE SALES REP AT N3 Results?/

PENDING - Lawsuit for Overtime Wages Owed by Managed Labor Solutions /

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.

Details About the Managed Labors Solutions Case – Shawn Poliner v. Managed Labors Solutions, LLC/

CASE: Shawn Poliner, v. MANAGED LABOR SOLUTIONS LLC (MLS), Fair Labor Standards Act (FLSA) OVERTIME WAGE Collective Action Lawsuit for class of all hourly employees including drivers, transporters, VSA’s, Cleaners working for MLS pending in the US District Court Middle District of Florida.

Changed Timesheets

Working Through Lunch

A Pattern at MLS

Our Investigation for this Case

CLASS ACTION FILING - Justice for Workers of Managed Labor Solutions /

Pay violations and health insurance benefits violations at MLS.

Have You Worked as a Driver, Transporter, Cleaner or VSA for Managed Labors Solutions?/

DO YOU HAVE INFORMATION ABOUT OVERTIME PAY PRACTICES AT MLS?

$3.2 Million Settlement Won - Lawsuit for Overtime Wages Owed by Verizon Connect Fleet /

Could You Be Part of the Verizon Connect Case?/

Have you worked overtime for Verizon Connect in the past three years? Did Verizon Connect somehow prevent you from getting full payment for the overtime, or prevent you from taking your paid breaks for lunch? You may be eligible to join this collective action case.

Details About the Verizon Connect Case/

CASE: Lauren Garnick and Tshacha Romeo V. VERIZON CONNECT FLEET USA, LLC FLSA Collective Action for Recovery of Overtime Wages, US District Court, Middle District Of Florida, Case No: 8:20-cv-01474

Working Through Lunch

Unrecorded Work Hours

Company with History of Unlawful Pay Practices

Our Investigation for this Case

Have You Worked as Sales Rep at Verizon Connect? /

DO YOU HAVE INFORMATION ABOUT OVERTIME PAY PRACTICES AT VERIZON CONNECT?

PENDING - Lawsuit for Overtime Wages Owed by Partsbase, Inc. (d/b/a Govgistics, Inc.)/

Details About the Partsbase Case - Shawn Martin v. Partsbase Inc. d/b/a Govistics Inc./

CASE: Shawn Martin v. Partsbase Inc. d/b/a Govistics Inc., United States District Court, Southern District of Florida, Case No: 9:20-cv-80235-DMM

Have You Worked as an Inside Sales Rep for Partsbase (doing business as Govgistics)?/

PENDING - Lawsuit for Overtime Wages by Knight Enterprises/

Details About the Knight Enterprises Cases - Yan v. Jeffry Knight, Inc. and Green v. Jeffry Knight, Inc. /