Cellular Sales – Sales Representatives, Account Managers, and similar positions

About this Case

This case was filed in the Eastern District of Pennsylvania on June 18, 2019 on behalf of plaintiffs who have worked for Cellular Sales as Sales Representatives and other related positions. The case challenges the alleged failure of Cellular Sales to pay overtime wages to Plaintiffs for hours worked over 40 in a week. In addition to the Fair Labor Standards Act claim, Plaintiffs also bring a claim for alleged failure to pay wages when due under both the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act. Click here to read the Complaint.

Getman, Sweeney & Dunn is representing plaintiffs along with co-counsel from Outten & Golden. You may also hire your own attorney to represent in this case at your own expense, or you may pursue a separate lawsuit if you choose.

 

 

 

Status Reports

Case Update - Posted March 30, 2022

In July 2019 Cellular Sales filed a motion in the Eastern District of Pennsylvania (“the federal action”) to dismiss Plaintiffs’ claims and to compel any employee disputes be brought through arbitration. On February 9, 2022, the Court ruled that the named plaintiff is compelled to arbitration to determine if her claims are arbitrable. The Court did not dismiss any other plaintiffs. After the Arbitrator decides the issue of arbitrability, then the Court will decide whether to keep the case in federal court, or compel the plaintiffs to arbitration.

Update on Mediation - Posted September 30, 2021

The Parties participated in mediation last Thursday, September 23, 2021, and discussed the potential settlement of the claims. While the Parties did not settle the claims during the mediation, we remain open to continuing discussions with Cellular Sales. In the meantime, we will continue to litigate the cases in federal court and through arbitration.

Mediation Scheduled - Posted July 29, 2021

The Mediation is scheduled to take place on September 23, 2021.  The parties have selected Annie Esteves as the mediator. She is an attorney with nearly 25 years’ experience who regularly serves as a mediator in complex class and collective action wage & hour, employment, and ADA cases for parties across the country.

We continue to work on calculating damages and gathering the information Cellular Sales requested for mediation.

All Plaintiffs should make sure that we have their up-to-date contact information. Please contact us if you have any updates to your contact information.

To date, 89 Sales Representatives have filed a consent to sue in the case.

Parties Agree to Pursue Mediation – Posted June 4, 2021

The parties have agreed to pursue mediation in this case. Mediation is a meeting of the parties outside the court to try to resolve the unpaid wage claims with the help of a neutral mediator.

In the process of preparing for mediation, we are exchanging information with Cellular Sales.  We will also be gathering information from sales representatives who have joined the lawsuit. We will keep you informed as the process continues.

All Plaintiffs should make sure that we have their up-to-date contact information. Please contact us if you have any updates to your contact information.

To date, 82 Sales Representatives have filed a consent to sue in the case.

Case update - Posted December 24, 2020

On 7/29/19, the Defendants, Cellular Sales file a motion to dismiss the Plaintiffs’ claims and to compel any employee disputes be brought through the arbitration process.

In response, on 8/27/19, Plaintiffs responded with a motion in support of the lawsuit and have continued to file motions in objection to the Defendants’ motion to dismiss and compel arbitration.

On February 27, 2020, the case was assigned to a new Judge, Karen S. Marston in the Eastern District of PA.

There are currently 75 Sales Representatives who have asked to join the lawsuit.

Answers to Common Questions – Posted July 2, 2019

What claims are covered in this lawsuit?

This lawsuit covers claims for Cellular Sales’ alleged failure to pay for overtime hours at the rate of time-and-one-half the minimum wage. In addition, it covers claims for the alleged failure to pay wages when due under the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act.

What remedies are sought?

Plaintiffs seek payment of back wages, an equal amount of liquidated damages, attorney fees, interest, and costs for alleged violations of federal law.  Plaintiffs also seek payment of unpaid wages, liquidated damages, attorneys’ fees, interest, and costs for alleged violations of the North Carolina Wage and Hour Act and the Pennsylvania Minimum Wage Act.

How far back can claims be made?

Generally, the Fair Labor Standards Act claims will be covered for the period extending back three years from the date you file your claim.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. If Plaintiffs win a back wage case, the defendant must pay the plaintiffs’ costs and attorneys’ fees.

Can Cellular Sales fire me or take action against me for joining the lawsuit?

The law prohibits retaliation for joining a pay lawsuit. If any employee suffered retaliation, Cellular Sales would be liable for double the injury caused by retaliation against an employee. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.

 

 

 

 

Case Inquiry

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.