C.R. England Customer Service Representatives: Overtime
This case is brought by a Plaintiff who worked as a Customer Service Representative for C.R. England. The lawsuit alleges that C.R. England required the Plaintiff and other Customer Service Representatives and Customer Service Managers to work more than 40 hours in a workweek but did not pay them overtime wages, in violation of the Fair Labor Standards Act (“FLSA”). This case seeks to compel C.R. England to pay the Plaintiff and a class of similarly situated Customer Service Representatives and Customer Service Managers all of the overtime wages they earned in the past three years.
The Plaintiff also brings claims under California law for failure to pay overtime wages for all hours worked over forty in a week or more than eight hours in a day.
If you believe you are entitled to back wages please call our office. We can explain your rights to back wages and options for trying to recover them. The call is confidential, free, and requires no commitment from you.
To join this case, you must submit a Consent to Sue form, available here.
Posted March 30, 2018 – Case Filed
At this time there are no case updates. We will post more information here as it becomes available.
Answers to Common Questions:
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman, Sweeney & Dunn, 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 California law. The specific violations claimed are that, by paying a salary alone, C.R. England failed to pay wages at the rate of time and one half to its customer service representatives and customer service managers. 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 California state law.
What work locations are covered by this lawsuit?
The FLSA overtime claims in this lawsuit covers customer service representatives and customer service managers who worked anywhere in the country. The Named Plaintiff also brings overtime claims under California state law.
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 California state law claims include back overtime pay and prejudgment interest for each violation and allows claims going back four years from the Complaint. Under the FLSA and California 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. C.R. England 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 limitations.” The California state wage claims have a different statute of limitations that goes back four 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 & Dunn to be filed with the Court. Customer service representatives and customer service managers who want the opportunity of recovering back wages should fill out the Consent to Sue form and return it to Getman, Sweeney & Dunn 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 C.R. England fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, C.R. England 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.
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.