Benore Logistic Systems, Inc.
Federal law requires employers to pay overtime wages for any work hours over 40 in a week even if you are paid by salary and even if you were told that you are not eligible to get overtime pay. An employer can legally not pay you overtime only if you are exempted from the law. To find out whether you are entitled to overtime pay, call us at 845-255-9370. The call is free and confidential.
Getman Sweeney has filed an overtime pay lawsuit on behalf of Transportation Coordinators against Benore Logistic Systems, Inc., for violations of Federal and state overtime laws. The Plaintiff brought the case on behalf of Transportation Coordinators (TCs) who worked for the Defendants anywhere in the United States. She claims that the Defendants failed to pay its TCs overtime as required by state and federal law. She is asking the Court to award her and the class unpaid overtime wages and an equal amount of liquidated damages for failing to pay the wages on time. Additional claims are brought under the South Carolina Payment of Wages Act. To join this case, you must submit a Consent to Sue form, available here.
POST-MEDIATION UPDATE – Posted October 27, 2017
A mediation was held before a private mediator on October 19, 2017. While the mediation did not result in settlement, the parties agreed to continue discussions. Moving forward, we will continue to litigate the collective action. We are currently in the discovery phase of the litigation in which both sides gather and evaluate information received from each other.
DISCOVERY UPDATE – Posted October 5, 2017
We are currently in the discovery phase of the lawsuit in which both sides are required to provide relevant information and documents to the other side. Benore has turned over more than thousands of pages of documents, emails and spreadsheets and we have turned over hundreds of pages of documents from our plaintiffs. Additionally, there have been two plaintiff depositions and one deposition of Benore that took place between September 27 and 29. A deposition is a witness’s sworn out-of-court testimony about the relevant aspects and issues in the case. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial.
The settlement conference for this case is scheduled to take place on October 19. We will provide you with more updates as the case progresses.
Notice to Issue to Class
On April 14, 2017, Magistrate Judge David R. Grand issued an Order that all current and former transportation coordinators employed by Benore Logistic Systems, Inc. who were not paid overtime wages for all hours worked over 40 in a workweek at any time since October 20, 2013, shall receive Notice of their opportunity to join this lawsuit. A copy of the Notice can be found here. If you are a member of the class and want to join the lawsuit, you must fill out and return a Consent to Sue form to Getman, Sweeney & Dunn by June 17, 2017.
Answers to Common Questions:
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC and we are handling this case on a contingent fee basis and will only recover fees upon a successful settlement or final judgment. The Firm will advance all costs. Plaintiffs remain ultimately responsible for the costs, but in wage cases such as this a losing employer is required to reimburse winning plaintiffs for legal costs. All costs will be deducted from any settlement or final judgment of this matter and the Firm will be reimbursed for any such costs and expenses out of any such settlement or judgment amount due to the plaintiffs collectively.
What claims are covered in this case?
The complaint covers claims for unpaid overtime wages under the federal Fair Labor Standards Act (“FLSA”) and South Carolina law. The specific violations claimed are that Benore Logistic Systems, Inc. required TCs to work overtime but did not pay them overtime wages in addition to their salary. The mere fact that an employer pays a salary does not avoid the requirement to pay overtime at the rate of time and one half.
The Named Plaintiff also brings individual claims under South Carolina state law.
What work locations are covered by this lawsuit?
The FLSA overtime claims in this lawsuit covers TCs who worked anywhere in the country. The South Carolina overtime claims in this lawsuit covers TCs who worked in South Carolina.
What damages are sought?
Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, and interest for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue form. Damages for the South Carolina class action state law claims include back overtime pay and liquidated damages for each violation and allows claims going back two years from the Complaint. Under the FLSA and South Carolina overtime laws, a losing defendant is required to pay for the workers’ attorneys’ fees and costs. You must send us a signed Consent to Sue form to bring your federal wage and hour claims in this action.
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. Benore Logistic Systems, Inc. may argue that its violations were not willful and that the claims should only be limited to a two-year period preceding the filing of your Consent to Sue Form. This two or three year period is called the “statute of limitation.” The South Carolina state wage claims have a different statute of limitations that goes back two years from the date the complaint was 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 in this action, you must affirmatively join the case by filling out a Consent to Sue form and returning it to Getman Sweeney to be filed with the Court. Even Transportation Coordinators who worked in South Carolina and who do not fill out a consent to sue form MAY be part of the state overtime wage claims which are brought as a class action, but only IF the Court ultimately decides that the case may go forward as a class action. Transportation Coordinators who want the best chance of recovering back wages should fill out the Consent to Sue form and return it to Getman Sweeney to be filed with the Court.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue form is filed with the Court. We will file it for you, but if you delay in sending the Consent to Sue to us, part or all of your claim may be barred by the statute of limitations.
Can Benore Logistic Systems, Inc. fire me or take action against me for joining the case?
Both federal and state law prohibit retaliation or discrimination in any way for joining an overtime lawsuit. If any employee suffers retaliation, Benore Logistic Systems, Inc. would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation has occurred or is occurring. Retaliation is rare in most overtime cases because an employer can suffer such serious penalties.
Can Benore Logistic Systems, Inc. or its attorneys contact me about this case?
Once you have filed a consent to sue, neither Benore Logistic Systems, Inc. nor its lawyers should contact you about the case. If they do, call us immediately.
Employers and their attorneys often speak with current employees who have not yet filed a consent to sue. Even though they are not permitted to do so, employers and their counsel have in many cases tried to discourage employees from joining wage-and-hour cases. And they have tried to get employees to make a statement that can later harm their ability to join a lawsuit or otherwise interfere with their claims.
Here are the rules for employer-attorney contact with employees about a case: First, employers’ attorneys should advise employees that they should secure their own counsel before speaking with the attorney. Second, attorneys for the employer may not give employees legal advice. Third, employers’ attorneys are not permitted to give false or misleading information about a case. Fourth, they are required to inform an employee that they represent the company and that the employee is not required to give a statement. You should know that statements that employees give to employers or their lawyers are generally sought to defend the company against the suit seeking back wages the company may owe its employees, including wages owed to the employee giving the statement. Getman Sweeney strongly believes that employees who may have back wage claims should not give statements to an employer or its attorneys without receiving legal advice first. If you are asked to provide information or give a statement, you can contact Getman Sweeney immediately. The call is free and confidential.
Federal law requires employers to pay overtime wages for any work hours over 40 in a week even if you are paid by salary and/or commission and even if you were told that you are not eligible to get overtime pay. An employer can legally not pay you overtime only if you are exempted from the law. To find out whether you are entitled to overtime pay, call us at 845-255-9370. The call is free and confidential.