Cellular Sales – Sales Representatives, Account Managers, and similar positions
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.
Anyone who has worked for Cellular Sales as a sales representative or similar position in the last 3 years can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC. The Consent to Sue form is available here.
How to Join this Case
If you have also worked for this defendant you can ask to join this case by downloading and filling out the Consent to Sue form and faxing, emailing, or mailing it to Getman, Sweeney & Dunn. You need the free Acrobat Reader installed to view the form.
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.
Who can join this lawsuit?
Anyone who has worked for Cellular Sales as a sales representative or similar position in the last 3 years can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC.
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 the Consent to Sue form.
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 I wait to file my Consent to Sue form?
You may be part of the class action if the Court later “certifies the case as a class action,” but if you delay in filing the Consent to Sue form your FLSA claims may be barred by the “statute of limitations.” This is because the claims under the Fair Labor Standards Act are not covered in the case until your Consent to Sue form is filed with the Court or until you assert them in a different case.
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.
What locations are covered by this lawsuit?
Past and present sales representatives and similar positions who worked at Cellular Sales anywhere in the U.S. can ask to be included in this lawsuit.