BLOOMBERG L.P. (Global Data)
This overtime pay case was filed on April 10, 2019 in the District of New Jersey as a class action on behalf of “Data Analysts” and “Data Specialists” and related positions who acquire, maintain, and update data in Bloomberg L.P.’s Global Data Division, most of whom work in Princeton, New Jersey. The case challenges the failure of Bloomberg, LP to pay overtime for hours worked over 40 in a work week, including work outside the office. From its inception, Bloomberg has refused to pay most of its workforce overtime premium pay which is generally required by the Fair Labor Standards Act and various state laws. Numerous positions have been reclassified as overtime “non-exempt” only as a result of litigation. Indeed, this case comes on the heels of a $54.5 million settlement during trial on behalf of NY and California Analytics Representatives. U.S. District Judge Freda Wolfson, will preside over this case.
Bloomberg reclassified most of the affected Global Data positions in January 2019, however it failed to reclassify all positions, and to pay employees back pay and liquidated damages, which are due whenever a position is misclassified as exempt. Getman, Sweeney & Dunn will be assisted by the Law Offices of Charles A. Gruen of Westwood, NJ in representing the Plaintiffs in this case.
Individuals who worked in Global Data and who did not receive overtime back pay or liquidated damages for any of their work in the last 3 years are encouraged to call Getman, Sweeney & Dunn at 845-255-9370 to review whether the failure to pay overtime may have been a violation of law. The mere fact that an employer pays an employee a salary does not legally exempt the employee from entitlement to overtime premium pay.
How to Join this Case
If you have worked for Bloomberg Global Data in a job position as described above any time within the last three years, you may participate in this lawsuit by filling out and returning a Consent to Sue Form.
Answers to Common Questions – Posted April 3, 2019
Do I have to pay to join the case?
No. The attorneys representing plaintiffs, Getman, Sweeney & Dunn, PLLC and Law Offices of Charles A. Gruen, are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.
What claims are covered in this case?
The complaint covers claims for overtime under the federal Fair Labor Standards Act (“FLSA”) and the wage hour statutes of New Jersey. The specific violations claimed are that, by paying a salary alone, the Defendant failed to pay wages at the rate of time and one half to “Data Analysts” and “Data Specialists” who acquire, maintain, and update data in Bloomberg L.P.’s Global Data Division. 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.
What work locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover Global Data workers who worked for Bloomberg anywhere in the U.S. but the New Jersey overtime claims only cover the affected workers who work or worked in New Jersey. Please call Getman, Sweeney & Dunn at 845-255-9370 if you worked for a different Bloomberg department and you also did not receive overtime pay.
What damages are sought?
Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. Under the overtime laws, a losing defendant is required to pay for workers’ attorneys’ fees and costs. 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.
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 is filed in Court. Bloomberg will be entitled to argue that its violations were not willful and that your claims should 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 state wage claims go 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 & Dunn to be filed with the Court. Even individuals who do not fill out a consent to sue form MAY be part of the state 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. Individuals who want to present all of their claims to the Court 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 returned to the plaintiffs’ attorneys and filed. If you delay in filing the consent to sue, part or all of your claim may be barred by the statute of limitations.
Can Bloomberg 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, Bloomberg 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 occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.
Can Bloomberg or its attorneys contact me about this case?
Employers are generally permitted to contact unrepresented employees about a case, that is, until they have filed a consent to sue – as long as they are not deceptive, coercive or do not try to dissuade workers from participating in a case. Even though they are not permitted to do so, employers and their counsel have in many cases tried to discourage employees from joining wage hour cases, which is NOT permissible. 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 specific employee giving the statement. Getman, Sweeney & Dunn 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 & Dunn immediately. The call is free and confidential.