BLOOMBERG L.P. (GCUS, GTEC, Analytics, and Installations Representatives and Implementations Specialists)
If you have worked for Bloomberg in a job position as described below at any time within the last three years, and you were not paid for all hours you worked over forty in a workweek, you may participate in this lawsuit by filling out and returning a Consent to Sue form.
About This Case
This overtime pay case was filed on September 18, 2020 in the U.S. District Court for the Southern District of New York. This case is filed as a class action on behalf of current and former customer support representatives of Bloomberg’s call centers and whose titles include Global Customer Support Representatives (“GCUS”), Global Technical Support Representatives (“GTEC”), Analytics Representatives, Installations Coordinators, and Implementations Specialists. The case refers to these titles collectively as “Customer Support Representatives.” Click here to read the Complaint.
Since 2014, after decades of treating Customer Support Representatives as exempt from overtime, Bloomberg began paying overtime wages to workers in these positions. It made this change because of a United States Department of Labor investigation and multiple class action lawsuits.
This case addresses violations that have occurred since Bloomberg reclassified Customer Support Representatives as overtime eligible. Specifically, this case challenges Bloomberg’s failure to pay overtime for all hours worked over 40 in a work week, including work performed before the scheduled start of shifts, work through meal breaks, and work performed after the scheduled end of shifts. The case also claims that Bloomberg failed to provide accurate wage statements in violation of the New York Wage Theft Prevention Act.
Individuals who worked as GTEC Reps, GCUS Reps, Installations Coordinators, Analytics Reps, and Implementations Specialists who did not receive overtime wages for all the work hours they worked over forty 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 has a system for employees to report overtime hours does not relieve an employer from the obligation to pay for all the overtime work hours that it knows or should have known its employees are working.
How to Join this Case
Anyone who worked for Bloomberg in a job position as described above at any time within the last three years, and was not paid for all hours worked over forty in a workweek, may request to join the case. To do so, you must fill out and sign a Consent to Sue form (click here) and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail. The Consent to Sue form may be submitted electronically online through this website (click here).
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Status Update regarding Discovery, Stay of Conditional Certification Briefing – March 18, 2021
In December of 2020, we submitted our motion for conditional certification requesting that the Court permit us to send notice to everyone who is eligible to join the case. In opposition to that motion, Bloomberg revealed a lot of information about its payroll and timekeeping policies, and we decided that it would be helpful to seek a stay of the conditional certification briefing so that we can seek discovery that will help clarify the claims of the class. During this discovery period, we will be seeking pay and time records as well as additional information about Bloomberg’s timekeeping and compensation policies.
Answers to Common Questions – Posted September 18, 2020
Do I have to pay to join the case?
No. The attorneys representing plaintiffs, Getman, Sweeney & Dunn, PLLC 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 York. The specific violations claimed are that Bloomberg failed to pay for all overtime work hours. Plaintiffs have also claimed that Bloomberg failed to provide accurate wage statements as required by the New York Wage Theft Prevention Act (“WTPA”). The WTPA requires employers to provide to employees that are not exempt from overtime a statement with every payment of wages that, among other requirements, must contain accurate information about work hours and rates of pay including the number of regular hours and the total number of overtime hours worked in a week.
What work positions and locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover GTEC Reps, GCUS Reps, Installations Coordinators, Analytics Reps, and Implementations Specialists who worked for Bloomberg anywhere in the U.S. but the New York overtime claims and wage statement claims only cover the affected workers who work or worked in New York. 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 for all your work hours.
What damages are sought?
Damages sought under the FLSA and New York Law include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation as well as statutory damages under the New York law for wage statements violations. 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 may argue that its violations were not willful and that your claims should be limited to a two-year period before the filing of your Consent to Sue Form. This two or three-year period is called the “statute of limitation.” The New York law claims go back six years from the date the complaint was filed.
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 New York 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 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 may 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:
- Employers’ attorneys should advise employees that they should secure their own counsel before speaking with the attorney.
- Attorneys for the employer may not give employees legal advice.
- Employers’ attorneys are not permitted to give false or misleading information about a case.
- Employers 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.
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.