BLOOMBERG L.P. (Trading Solutions Representatives)
If you have worked for Bloomberg’s Trading Solutions in a job position as described below at any time within the last three years, and you were not paid overtime and wages for all hours you worked over 40 in a workweek, you may participate in this lawsuit by filling out this Consent To Sue form online, use this link: Online Consent to Sue Form.
If you would like to print the form and fax or mail to us, you can access the form here: Consent to Sue form
If you have any questions, would like more information, or if you worked for a different department and you also did not receive overtime pay, you can call Getman, Sweeney & Dunn at 845-255-9370, fill out the form on the right or click the button below.
Information About This Case
This is an overtime-pay class and collective action on behalf of Bloomberg’s Trading Solutions Representatives who respond to requests for assistance from customers using Bloomberg’s proprietary software. The case is brought as a class action under the New York Labor Law for Representatives that worked in New York and as a collective action under the federal Fair Labor Standards Act (FLSA) for Representatives that worked anywhere in the United States. Click here to access a copy of the Complaint.
Conditional Certification Motion Filed - August 23, 2021
On August 20, 2021, Plaintiffs filed a Motion for Conditional Certification under the Fair Labor Standards Act on behalf of all Help Desk Reps in the Bloomberg Analytics Department who were classified by Bloomberg as exempt from overtime and were not paid time and one half hours over 40 worked in one or more weeks. The Analytics Department includes Trading Solutions and may be known by other names including Help Desk or Analytics. Help Desk Reps may be known by other names including Analysts, Representatives or Specialists. This case refers to these titles collectively as Help Desk Reps.
The Plaintiffs also requested the Court authorize Plaintiffs to issue Notice to join the lawsuit to all “similarly situated” Help Desk Reps in the Bloomberg Analytics Department. Similarly situated means that the Help Desk Reps were subject to the same illegal policies and practices as the Named Plaintiff and therefore have the same claims against Bloomberg. You can read the Motion here.
Plaintiffs are awaiting a response from Bloomberg and a ruling from the Judge on this recent filing. If you have any questions about the case or would like to join, you can do so by contacting our office or filling out a
Consent to Sue Form.
Answers to Common Questions - Posted May 28, 2021
Do I have to pay to join the case?
No. Getman, Sweeney & Dunn, PLLC is 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 case covers claims for overtime under the federal FLSA and the wage hour statutes of New York. The specific violations claimed are that, by paying a salary alone, the Bloomberg failed to pay wages at the rate of time and one half to Trading Solutions Representatives who respond to requests for assistance from customers using Bloomberg’s proprietary software. 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. The case also covers unpaid overtime wages under New York’s labor laws, and claims under the New York Wage Theft Prevention Act (WTPA). The New York WTPA requires employers to provide accurate wage statements on every pay period and requires proper notice upon hiring, in English and in the primary language of the employee, of the terms and conditions of employment.
What work locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover workers who worked for Bloomberg anywhere in the U.S. but the New York labor law and WTPA 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.
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 violations of the WTPA. 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 weren’t 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 limitations.” The New York claims go back six 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 employers 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.