What is the case about?
On January 27, 2017, we filed Allen v. SGS, No. 6:17-cv-6059 (W.D. New York), a collective action alleging that Defendant violated the overtime provisions of the Fair Labor Standards Act by failing to pay its Customer Service Consultants, Sales Consultants and Healthcare Solutions employees for time spent starting, booting up, and logging into their computer systems, applications, and phone systems at the beginning of their shifts.
What does the settlement provide?
The parties reached a settlement of the case and filed a Motion for Approval on May 16, 2018, which can be obtained here. Motion for Approval. On May 30, 2018, the Court approved the settlement.
SGS's Settlement Payment of $2,237,500.00, after deductions, was divided proportionally into Individual Payments for which the Representative Plaintiff, Existing Opt-In Party Plaintiffs, and Eligible Settlement Participants were eligible to receive.
Is the settlement fair and reasonable?
During the respective Calculation Periods, Class Counsel estimates that employees were allegedly owed approximately between $2.1 million and $3.26 in overtime compensation, assuming it took them between 5.5 and 8.5 minutes to start, boot up, and log into SGS's computer systems, software applications, and phone systems before they clocked into SGS's timekeeping system and were paid.
Defendant claimed that Plaintiff and the Class Members started, booted up, and logged into Defendant's computer systems, software applications, and phone systems before their shift-start time less than 50% of the time. Using these blended theories, $1.05 million (5.5 minutes, 50% of the time) and $1.63 million (8.5 minutes, 50% of the time) in overtime compensation would be owed to the Class.
Employees who return the attached form received between 85% and 132.2% of their alleged overtime damages during the Calculation Periods using the Parties' blended method theory.
Am I part of the Class?
The Class consists of former and current Customer Service Consultants and Sales Consultants employed by SGS in a call center nationwide between February 28, 2015 and June 28, 2016, and former and current Healthcare Solutions employees employed by SGS in a call center nationwide between February 28, 2015 and June 2, 2017.
Who represents the Class?
Representative Plaintiffs and the Class are represented by Anthony J. Lazzaro and Chastity L. Christy of The Lazzaro Law Firm, LLC. They can be reached at 216-696-5000.
How do I get involved?
All Class Members received a notice that explained how to receive a payment. The notice was mailed on August 2, 2018.
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