Bloomberg L.P. (Installations Department)
This overtime pay case for Installations Representatives has been tentatively settled. The case was brought by three former Installations Representatives for failure to pay the Representatives overtime pay for the hours they worked over 40 in a work week. Installations Representatives are also known as “Global Installations Representative,” “Installations Coordinator,” or “Global Installations Coordinator.” The case was brought as a collective action under the federal Fair Labor Standards Act (FLSA) for Bloomberg’s failure to pay overtime at the rate of time and one-half as required by the FLSA. The lawsuit charged that Bloomberg required the Installations Representatives to work outside of their regular 40 hour work schedule on a regular basis to assist with the installation process. The FLSA “collective action” was filed on behalf of all Installations Representatives who worked within the last three years. The complaint was originally filed in the U.S. District Court for the Southern District of New York on June 16, 2017.
Settlements of representative actions such as this one take place in two stages. First, the parties will submit the settlement agreement (when finalized and signed) to the Judge for review and preliminary approval. If the Court finds this settlement to be preliminarily fair, it will direct the issuance of notice to all class members. That notice will advise class members of their tentative settlement share and describe their rights in the case. Typically, class members will have the right to participate in the settlement, to exclude themselves from the case, or to object to the terms of the settlement during a notice period of 60 days. After the notice period expires, the Court considers the opinion of the class members and briefing by the parties to determine if the settlement should be granted final approval as fair and reasonable.
Until notice is mailed, there is no further individual information available as to any individual’s settlement share.
Preliminary Approval of Settlement Granted - Posted November 1, 2019
On October 28th, 2019, Magistrate Judge Debra Freeman granted preliminary approval to the proposed settlement of this case. We expect the settlement notices, which will explain the terms of the settlement and give approximate individual settlement amounts, to be mailed out by November 27th. If your address has changed since you last worked for Bloomberg, please send your new address to Carolyn Mow to ensure that you will receive the notice.
The Final Fairness Hearing is scheduled for January 29, 2020. Before settlement checks can be mailed to class members the court must grant final approval and enter a Final Approval Order. Checks are expected to be mailed roughly in May or June of 2020, or approximately 10 weeks after we receive the Final Approval Order, absent any appeal.
Motion for Preliminary Approval of Settlement Filed – Posted September 30, 2019
On September 27th, Plaintiffs filed a Joint Motion for Preliminary Approval of the Settlement. If the motion is approved by the court, a notice will be mailed to all current and former Installations Representatives who are included in the proposed settlement. The notice will explain the terms of the settlement, what each class member’s approximate award would be under the settlement, and the rights of each class member to accept, object to, or opt out of the settlement. An update will be posted if/when preliminary approval is granted. At that time we will know the approximate date of the notice mailing. If the court preliminarily approves the settlement, a court hearing will be scheduled to finalize the settlement so that settlement awards can be distributed in 2020.
Case Stayed Pending Settlement Negotiations – Posted October 22, 2018
The Opt-In period for this case ended on March 26, 2018, by which time 13 people had joined the 3 named plaintiffs in the lawsuit. Following a court conference on October 2, 2018, District Court Judge Richard Berman ordered a stay of the litigation until November 20, 2018, during which the parties will engage in settlement negotiations. Prior to the issuance of the stay, Plaintiffs filed a proposed amended complaint, which asserts Rule 23 class action claims under the New York Labor Law for all individuals who worked as Installation Reps for the period commencing June 16, 2011 to the date of judgment.
Court Approves Collective Action Motion – Posted January 23, 2018
On December 7, 2017, Judge Richard M. Berman issued an order denying Bloomberg’s motion to dismiss and approving our motion for conditional certification of the lawsuit as a collective action under the Fair Labor Standards Act. Judge Berman ruled that Bloomberg must provide to Plaintiffs a list of all employees and former employees of the Installations Department who would be eligible to join the lawsuit, including everyone who has worked within the past three years, along with their last known mailing and email addresses.
The court-approved notice of the lawsuit was mailed and emailed on January 23, 2018. To see a copy of the notice, click here.
Class members who receive a copy of the notice are eligible to join this case even if they signed a severance agreement, confidentiality agreement, or any other type of release agreement with Bloomberg.
Class members with questions are encouraged to call Carolyn Mow at Getman, Sweeney & Dunn to discuss this case. Reps who would like to participate as a represented party in the lawsuit must fill out a Consent to Sue form and return it to GSD by March 26, 2018. Click here for the Court approved Consent to Sue form.
Answers to Common Questions – Posted June 21, 2017
Which employees can be part of this lawsuit?
All persons who have worked for Bloomberg as an Installations Representative (“Global Installations Representative,” “Installations Coordinator,” or “Global Installations Coordinator.”) within the past three years and were not paid overtime premium pay for hours over 40 in a workweek are eligible to join this case.
What if I was paid a salary?
You may join this case even though Bloomberg paid you on a salary basis. Employees who are paid a salary may also be entitled to overtime wages. In order to legally classify employees as exempt from overtime pay, employers must also show that the employees’ primary job duty meets a certain test under the law.
What claims are covered in this case?
The lawsuit at present covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”). The specific violation claimed is that Bloomberg did not pay their Installations Representatives the overtime wages owed.
What damages are sought?
Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, service payments, attorneys’ fees, and any costs of litigating the case.
How far back can claims be made?
Under the FLSA, you are entitled to make claims for the period extending back two years (three years if the employer acted willfully) from the date your Consent to Sue Form is filed in Court. This two (or three) year period is called the “statute of limitation.” Click here for the Consent to Sue form.
How do I join the case?
To bring claims for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue. Consent to Sue form. To join, you need to print the Consent to Sue form, complete the information, sign and date it and then fax, scan and email, or mail it to our office.
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will be paid only when we win through a settlement or final judgment. Under the FLSA, when plaintiffs win an overtime case, then the defendant must pay the plaintiffs’ costs and attorneys’ fees.
Can I wait to file my Consent to Sue form?
You are not part of the case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and then filed with the Court. If you delay in filing the Consent to Sue, part or all of your claims may be barred by the “statute of limitation.” Once a Notice is authorized by the Court, you must generally return the Consent to Sue form within the terms of the notice or the Court may not allow you to join this case. Click here for the Consent to Sue form.
Can Bloomberg fire me or take action against me for joining the case?
It is illegal for a company to retaliate against an employee for joining an overtime lawsuit. If any employee suffered retaliation, Bloomberg would be liable for at least double the injury caused to the employee, and possibly additional damages. Notify us immediately if you think any retaliation has occurred. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.