Sitemetric

Complaint and Continued Settlement Discussions – Posted June 21, 2024

After mediation on April 29, 2024, the Parties agreed to continue settlement discussions. A second mediation is scheduled for July 23, 2024. In support of further settlement discussions, on June 20, 2024 Getman, Sweeney & Dunn filed a complaint in federal court in the Southern District of Texas. You can read the complaint here.

If you worked for Sitemetric at any time since April 29, 2021, were classified as an independent contractor, and worked more than 40 hours in a workweek, you can request to join the case by completing a consent to sue form.

As of the date of this posting, over 30 people have filed claims against Sitemetric.

Settlement Discussion - Posted March 20, 2024

The Parties agreed to try to settle the claims of the nearly 20 workers we represent. The mediation is scheduled for April 29, 2024. Other Sitemetric workers may have an opportunity to participate in the settlement, and potentially recover unpaid wages. If you worked for Sitemetric, and were classified as an independent contractor, contact us to see if you may have a claim.

Under the Fair Labor Standards Act, or FLSA, Sitemetric workers may have a claim for unpaid overtime wages.

Some state laws have greater protections for workers. For example, New Jersey allows a worker to recover up to three times the amount of their unpaid wages. Other states, like Virginia, have strong misclassification laws that could entitle Virginia workers not only to unpaid overtime wages, but also “employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost” to the worker.

Mediation - Posted February 21, 2024

After we filed numerous arbitrations, Sitemetric agreed to try to settle the claims in mediation. We’re in the process of selecting a mediator, collecting wage and hour data from Sitemetric, and calculating damages. We expect to go to mediation within the next two months.

If you worked for Sitemetric and were misclassified as an independent contractor, you may be eligible to participate in the mediation and potentially settle your claims. Fill out the Case Inquiry form and we’ll contact you about next steps.

For those who worked in Virginia: if you were classified as an independent contractor, you may be entitled to: 1) unpaid overtime wages; 2) liquidated or treble damages; and 3) “employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual,” plus reasonable attorneys’ fees and costs.

If you worked anywhere else in the United States for Sitemetric, were classified as an independent contractor, and were not paid overtime wages for hours worked over 40 in a workweek, under the Fair Labor Standards Act you may be entitled to unpaid overtime damages and liquidated damages. Depending on the state you worked in you may have additional claims.

Answers to Common Questions - Posted October 20, 2023

What claims are covered in this case?

The case covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”) and applicable state law. The specific violations claimed are that Sitemetric misclassified workers as independent contractors and failed to pay them overtime wages for all hours worked over 40 in a workweek.

There has been no determination as to liability.

What damages are sought?

Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, and fees and costs for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back two or three years from when someone files an arbitration.

You can use our Overtime Calculator to determine the approximate value of your federal overtime claim.

How far back can claims be made?

Generally, under the FLSA, you are entitled to make claims for the period extending back two or three years from the date your claim is filed. A defendant may argue that any alleged violations were not willful and that claims should only be limited to a two-year period preceding your filing. This two- or three-year period is called the “statute of limitations.”

Sitemetric has agreed to toll the statute of limitations on FLSA and state wage and hour claims as of April 29, 2024. This means that if you worked for Sitemetric at any point after April 29, 2021, were classified as an independent contractor, and worked more than 40 hours in a workweek, you may be eligible to join the case.

What is arbitration?

Arbitration is a private court system for disputes. In arbitration, an arbitrator decides the case, not a judge, not a jury. Arbitration is an “informal” system with few of the legal protections that Courts have developed to ensure a fair result. And there are usually no appeals because an arbitrator failed to follow or apply the law or made a legal error. You can read more about arbitration here.

Do I have to pay to file a case?

Getman, Sweeney & Dunn, PLLC is handling claims on a contingent basis and will only be paid if we win through a settlement or final judgment.

Can Sitemetric fire me or take action against me for filing a case?

The law prohibits retaliation for filing an overtime lawsuit or arbitration. If any employee suffers retaliation, Sitemetric would be liable for damages, 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 incur damages, including back wages, liquidated damages, and punitive damages.