AutoClaims Direct
On December 14, 2011, two former Appraisers filed a nationwide federal lawsuit against AutoClaims Direct and its owner, Ernie Bray, in the U.S. District Court for the Southern District of California to recover unpaid wages for themselves and other Appraisers who employed by AutoClaims Direct. The lawsuit alleges that AutoClaims did not pay the Plaintiffs for all their overtime work. Plaintiffs allege that they were only permitted to record 40 hours of work in most weeks, even though they worked more than 40 hours. The Plaintiffs seek to recover unpaid overtime wages and liquidated damages under federal and state laws. Any Appraiser who was employed by AutoClaims Direct in any state can join the case. To do so, you must fill out a Consent to Sue and return it to Getman & Sweeney, PLLC at the address listed on the form.
Getman Sweeney is also investigating whether appraisers classified as independent contractors by AutoClaims Direct have similar claims against the company for overtime pay. Appraisers treated as Independent Contractors are urged to call Kathy Weiss at Getman Sweeney to discuss whether they may have such claims.
How to Join this Case
If you have also worked for this defendant you can join this case by downloading and filling out the Consent to Sue form for this case and faxing, emailing, or mailing it to Getman Sweeney. You need the free Acrobat Reader installed to view the form.
Status Reports
Video About This Case – Posted on January 31, 2012
A short video explains the claims in this case.
Posted on Monday December 19, 2011 at 2:55 pm
A complaint is the document which states the claims brought in the lawsuit.Click here to review the Complaint filed in this case.
Frequently Asked Questions
Answers to Common Questions:
What claims are covered in this lawsuit?
The lawsuit covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under California and Arizona State labor Laws. The specific violations claimed are that the Defendants failed to record all the overtime hours Appraisers worked and by doing so failed to pay all the overtime wages the Appraisers were due.
What damages are sought?
Damages sought include back overtime pay, an equal amount of liquidated damages, interest, and fees and costs for each violation.
What is the difference between the FLSA and State Labor Law claims?
Both claims are based on the same facts—that the Defendants did not record all the hours that Appraisers worked and failed to pay overtime wages for those hours. But damages and the statute of limitations are different under the FLSA and state labor laws.
The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years for willful conduct from when someone affirmatively joins the case by filing a Consent to Sue. You must send us a signed Consent to Sue to bring FLSA claims in this action.
State Labor Laws typically provide for back wages, interest and recovery of illegal deductions. The state law claims have different statutes of limitations (California is four years and Arizona is one year).
How far back can claims be made?
Under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent To Sue Form is filed in Court. The Defendants will be entitled to argue that its violations were not willful and that it claims should only be limited to a two-year period preceding the filing of your Consent To Sue. This two or three year period is called the “statute of limitation.”
California state law claims extend back four years, and Arizona state law claims extend back one year from the date your Consent To Sue Form is filed in Court.
How do I join the case?
To bring claims under the FLSA for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue. By joining the federal case, you will also bring state law claims, if applicable.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. Under both the FLSA and State Labor Laws, when plaintiffs win an overtime case, the defendant must pay the plaintiffs’ costs and attorneys’ fees.
Can I wait to file my Consent to Sue form for my FLSA claim?
You are not part of the case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and then filed with the Court. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the “statute of limitation.” Once a Notice is authorized by the Court, you must generally return the Consent to Sue form within the terms of the notice or the Court may not allow you to join this case.
Can the Defendants fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, the Defendants would be liable for at least double the injury caused to the employee, and possibly additional damages. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.
What locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover every worksite nationwide in the U.S.A. If you were employed as an Appraiser by Defendants anywhere in the country, you can bring FLSA claims in this case. State Labor Law claims covers only work in that state.