Bloomberg L.P. (Global Data)
How to Join this Case
The deadline to join this lawsuit was May 16, 2023.
Information About This Case
This is an overtime-pay class and collective 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. Before January 1, 2019, Bloomberg didn’t pay Global Data employees overtime premium pay. This case challenges Bloomberg’s failure to pay Global Data employees overtime for all hours worked over 40 in a work week, including work outside the office, for the time period from Dec. 13, 2016 until Jan. 1, 2019. The case seeks back pay and an equal amount as liquidated damages for all class members.
The case was filed on April 10, 2019, in the U.S. District Court for the District of New Jersey. Most, but not all, of these employees work in Princeton, New Jersey. U.S. District Judge Zahid N. Quraishi is presiding over this case. Getman, Sweeney & Dunn is 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 are encouraged to call Getman, Sweeney & Dunn at 845-255-9370 to review your rights in the case.
It should be noted that the mere fact that an employer pays an employee a salary does not legally exempt the employee from entitlement to overtime premium pay.
Parties to Present Proposed Settlement to Court in January – Posted November 27, 2023
On October 27, 2023, after several months of continued negotiations through Mediator Michael Dickstein, the parties notified the Court that they had reached a settlement in principle. The Court ordered January 25, 2024 as the deadline to submit a joint motion for preliminary approval of a class action settlement, along with the proposed settlement agreement and related papers. If the Court grants the parties’ motion for preliminary approval, then a notice letter will be mailed to all class members giving them information about the settlement, including their estimated claim amount and their legal rights and options under the proposed settlement.
Court Extends Stay of Litigation – Posted August 16, 2023
On August 11, the Parties filed a Status Update informing the Court that the Parties are continuing to discuss a potential resolution of Plaintiffs’ claims. To facilitate these settlement discussions, the Parties jointly requested the Court extend the stay until September 11. The Court granted the Parties’ request on August 14. The Parties will provide the Court with a status update on September 11.
Court Extends Stay of Litigation – Posted July 25, 2023
On July 14, the Parties filed a Joint Status Report with the Court stating that settlement discussions are ongoing with Mediator Michael Dickstein and requesting that the stay be extended until August 11th. On July 18, Magistrate Judge Tonianne J. Bongiovanni approved the request. The Parties are to file an additional status update on August 11th.
Court Refers Case to Mediation – Posted April 3, 2023
On March 30, 2023, US Magistrate Judge Tonianne J. Bongiovanni referred this case to mediation. The parties are ordered to participate in mediation with their chosen mediator, Michael Dickstein, and provide the court with a written status update no later than July 16, 2023.
At the same time, the Court ordered that all proceedings in this matter, except for discovery as agreed to by the mediator and counsel, are stayed (that is, paused) until July 21, 2023.
Qualifying class members may still join the case until May 16, 2023.
Notice of Lawsuit Sent to Class Members – Posted March 20, 2023
On March 17, notice was mailed and emailed to class members informing them of their right to join the lawsuit. You may view a copy of the notice here. 67 current and former Global Data Analysts are currently participating in the case. The deadline for additional people to join is May 16, 2023.
Court Grants Conditional Certification — Posted March 1, 2023
On February 28, 2023, the Court granted plaintiffs’ renewed motion for conditional certification and to issue notice to the class. Judge Quraishi approved all aspects of the notice that plaintiffs argued for, including sending the notice via First Class U.S. Mail and email, agreeing to a 60-day period during which people can opt-in to the action, and approving a reminder postcard to be sent to those collective members who have not joined as of 21 days before the close of the opt-in period.
Previously, we sent notice to a group of NY class members who were able to join the case—now, we are able to expand that group to Global Data Specialists, Global Data Analysts, and Data Analysts regardless of where they worked. In order to join the case, eligible Global Data Specialists, Global Data Analysts, and Data Analysts must have filled out and returned a Consent to Sue form.
Collective Action Motion Case Update — Posted June 24, 2022
Our Renewed Motion to Approve Collective Action Notice was fully briefed in December 2021. According to the Civil Justice Reform Act Report page on the U.S. Courts website:
The Civil Justice Reform Act of 1990 (CJRA) requires the Director of the Administrative Office of the United States Courts (AO), under 28 U.S.C. § 476, to prepare a semiannual report showing, by U.S. district judge and magistrate judge, all motions pending more than six months, all bench trials submitted more than six months, all bankruptcy appeals pending more than six months, all Social Security appeal cases pending more than six months, and all civil cases pending more than three years on September 30, 2020.
The reporting requirements under the CJRA are designed to help reduce both costs and delays in civil litigation in the district courts. The information also may be used to evaluate demands on the district courts’ resources.
Because we filed our motion more than six months ago, we understand that it has been elevated in terms of priority. We’re hopeful that we will receive a decision within the next month or two. We will issue another update when we hear more. If any of your contact information has changed since your last contact with us, please email firstname.lastname@example.org with your updated information.
Status Update – Posted December 2, 2021
Following a court order granting us permission to do so, we filed an amended complaint on April 30, 2021, substituting the named plaintiffs and adding claims under the New York Labor Law. In June, the case was reassigned to Judge Zahid N. Quraishi. After waiting for many months for a court ruling on our motion to send notice of the lawsuit to the NJ class, on October 18, we received an order requiring us to update the motion in accordance with the amended complaint.
We filed the Renewed Motion to Approve Collective Action Notice on November 12th, as ordered. Bloomberg’s response is due on Dec. 7th and our reply on Dec. 21st. We hope to receive a court decision on the motion not long after the briefing is complete.
Status Update – Posted December 22, 2020
The Parties participated in a day-long mediation with mediator Michael Dickstein on November 9th, but no settlement agreement was reached at that time. The litigation stay was therefore lifted as of November 30th.
A status conference with Magistrate Judge Bongiovanni was held on December 8th. We are going to file a motion to amend the complaint by January 8, 2021. Then the Court will consider that motion as well as the long-stayed briefing on sending notice to the NJ class. Once we have the court rulings on these pending motions, the parties will work out a case management schedule.
We will keep you posted regarding any case updates and/or developments here.
Case Status Update – Posted July 24, 2020
On July 17th, the parties submitted the following Joint Status Report to the Court:
Pursuant to the Court’s March 19, 2020 Order (Dkt. 61), the parties provide the following status report. The mediation scheduled for June 15, 2020 with mediator Michael Dickstein had to be rescheduled due to pandemic-related strains on the resources of both parties. The parties continue to engage in good faith settlement discussions and, to that end, are working towards a mediation in early November. In connection with the rescheduled mediation, the parties respectfully request that all proceedings in this matter be stayed until November 30, 2020 and that tolling of the claims of the putative FLSA class be extended through November 30, 2020 as well.
Mediation Update – Posted June 19th, 2020
The mediation session with mediator Michael Dickstein is being rescheduled. Settlement discussions continue. We feel we are making progress and hope to have a new mediation date soon. We will file a joint status report with the Court on July 17th and will update this web page accordingly.
Notice Mailed to Global Data Analysts that worked in New York - Posted April 9, 2020
On April 8, 2020, we mailed the Court-approved Notice to Global Data Analysts who worked in New York. To join the case and be represented by the lawyers who are handling this case, your consent to sue form must be postmarked or delivered no later than by June 8, 2020.
If you have any questions about the notice or how to join this case you can contact Carolyn Mow at email@example.com.
Court Approves Notice to New York Global Data Employees - Posted April 3, 2020
On March 26, 2020, Judge Wolfson approved the parties’ Stipulation to send notice to New York Global Data Analysts. The notice authorized by the Court will inform current and former Global Data employees that worked in New York of their right to participate in the case.
When we mail the notice to New York Global Data Analysts we will post another update.
Bloomberg Global Data employees that worked anywhere in the United States can continue to join the case to pursue their unpaid overtime claims by filling in an Online Consent to Sue Form.
If you have any questions about the status of this case you can contact Carolyn Mow at firstname.lastname@example.org.
Settlement Mediation Scheduled – Posted March 25, 2020
With the Court’s approval, the parties selected Michael Dickstein as the mediator. We are in the process of preparing for mediation, which is now scheduled for June 15, 2020. Because the parties are cooperatively working towards mediation, the Court stayed all litigation until July 6, 2020. And on July 17, 2020 the parties will notify the Court about the status of settlement discussions. If we do not settle, we expect litigation to continue forward. Please check this page for future updates. If you have any questions about the status of this case you can contact Carolyn Mow at email@example.com. If you would like to join the lawsuit you must fill out the “Online Consent to Sue Form.”
Conference Adjourned As Parties Explore Settlement - October 7, 2019
The initial conference with the Court was scheduled for October 21, 2019. The conference has been adjourned to December 16, 2019 so that the parties can explore the possibility of settlement.
Bloomberg Moves to Compel the Jane Doe Plaintiffs to Publish their Full Names on the Caption
On August 20, 2019, Bloomberg filed a motion asking the Court to compel the Jane Doe Plaintiffs to publish their full names on the caption of this action. Plaintiffs filed their opposition on September 23, 2019 and asked the Court to permit the Jane Doe Plaintiffs to proceed under pseudonyms during the early stages of this action. On October 1, 2019, Bloomberg filed its reply on the motion to compel.
Plaintiffs’ Motion for Conditional Certification and Notice to Global Data Analysts is Briefed
On August 1, 2019, Plaintiffs filed their motion for conditional certification. On August 20, 2019, Bloomberg filed its opposition to conditional certification and Plaintiffs filed their reply on August 27. In their motion for conditional certification Plaintiffs ask the Court to authorize the distribution of notice to Global Data Analysts by mail, e-mail, and posting in the workplace. The notice will inform Global Data Analysts about the claims asserted in this action and their opportunity to join this case.
Bloomberg Moves To Dismiss - Then Withdraws Motion
On July 30, 2019, Bloomberg moved to dismiss the action claiming that service of the summons and complaint was defective and arguing that the Court did not have jurisdiction over Bloomberg. On August 20, 2019, Plaintiffs filed their opposition to Bloomberg’s motion to dismiss arguing that the case needed to move forward to be decided on the merits because defects in the summons are considered technical and do not warrant dismissal. On August 23, 2019, Bloomberg withdrew the motion to dismiss and told the Court it would accept service of the complaint and would consent to the Court’s jurisdiction.
Complaint Filed April 2, 2019
This case was filed in the Southern District of New York on April 2, 2019. On April 10, 2019, Plaintiffs voluntarily withdrew their case from the Southern District of New York and refiled the complaint in the District of New Jersey. This case is now before U.S. District Judge Freda Wolfson.
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. This also means that employers and their counsel are not permitted to coerce employees into making 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.
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.