Roto-Rooter (Colquhoun)
On August 10, 2010, we filed a Statement of Claim with the American Arbitration Association on behalf of former Technicians and similarly- situated persons to recover unpaid wages. More than 80 current and former Roto-Rooter Technicians have joined this arbitration. The Statement of Claim alleges that Roto-Rooter did not pay the claimants’ wages free and clear, and unlawfully reduced their wages through paycheck deductions and requiring them to bear respondents’ business expenses. The claimants also allege that they regularly worked unrecorded time of which the respondents were aware and encouraged through their policies and practices. The claimants seek to recover unpaid minimum and overtime wages and the illegal deductions and business expenses they were required to bear. This case is similar to the Morangelli case which was filed in the U.S. District Court for the Eastern District of New York. The primary difference between the cases is that Technicians who signed a valid arbitration agreement are forced to bring their claims in arbitration. Those Technicians who did not sign a valid arbitration agreement remain in the federal case. If you are or were a Technician who worked for Roto-Rooter in the past three years, you may be able to bring your claim for back wages in this or the Morangelli case. To do so, you must fill out a Consent to Arbitrate Form and return it to Getman & Sweeney, PLLC at the address listed on the form.
Status Reports
Posted on December 1, 2011
Because the federal court will decide the legal issues in this arbitration case in the related Morangelli v. Roto-Rooter case, the parties have agreed to stay this case rather than litigate the same issues in two different places. Once the federal court decides the legal issues, this arbitration will go forward. For an update on the Morangelli case, go to http://getmansweeney.com/current-cases/roto-rooter-morangelli
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Posted on Wednesday, May 4 2011 at 4:40pm
There are currently more than 80 current and former Technicians from 19 different states who have sought to bring their claims in this arbitration. We recently requested to have this case arbitrated on a class basis, which would allow us to recover damages for many more people. Click here to see the request to the arbitrator (.pdf 185KB). We await her decision.
Posted on Wednesday, May 4 2011 at 4:40pm
Answers to Common Questions:
What claims are covered in this arbitration?
The arbitration covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and under the labor laws of certain states. The specific violations claimed are that the Defendants failed to pay minimum and overtime wages to its Service Technicians and made illegal deductions from their pay. Click here to review the statement of claim.
What damages are sought?
Damages sought under the FLSA include back minimum and overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. Damages for the state law claims include back minimum wage and overtime pay, recovery of illegal deductions, liquidated damages, interest, and fees and costs. What is the difference between the FLSA and State Labor Law claims? Both claims are based on the same facts—the way Roto-Rooter paid Technicians. But damages and the statute of limitations are different under the FLSA and some states’ labor laws. 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 Arbitrate. You must send us a signed Consent to Arbitrate (1.2.1 Consent to Arb Form.pdf 9KB)to bring claims in this action. State labor laws vary, but they generally provide for back wages and interest. Many states also provide for some liquidated damages. Moreover, the state law claims have different statutes of limitations (For example, California is four years, New York is six years, and New Jersey is two years).
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 Arbitrate Form is filed in the Arbitration. Roto Rooter will be entitled to argue that its violations were not willful and that its claims should only be limited to a two-year period preceding the filing of your Consent to Arbitrate. This two or three year period is called the “statute of limitation.” The state law claims have different statutes of limitations (For example, California is four years, New York is six years, and New Jersey is two years).
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 filing a Consent to Arbitrate (1.2.1 Consent to Arb Form.pdf 9KB).
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman & Sweeney, PLLC and Pelton & Associates, PC. They are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.
Can I wait to file my Consent to Arbitrate form?
You are not part of the FLSA case until your Consent to Arbitrate Form is returned to the plaintiffs’ attorneys and filed. If you delay in filing the Consent to Arbitrate (.pdf 9KB) form, part or your entire claim may be barred by the statute of limitations.
Can the Defendants fire me or take action against me for joining the arbitration?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, Roto- Rooter would be liable for at least double the injury caused to the employee, and possibly much more. Further, the Judge in the related Morangelli case has said that he would consider criminal prosecution for acts of retaliation. 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 worked for Defendants anywhere in the country, you can bring FLSA claims in this case. State Labor Law covers only work in that state.