Getman, Sweeney & Dunn has begun to file individual arbitrations on behalf of Sitemetric workers who were misclassified as independent contractors, worked more than 40 hours in any week, and were not paid overtime at the rate of time-and-one-half.
These workers seek unpaid overtime wages as secured by the Fair Labor Standards Act, liquidated (double) damages, prejudgment interest, and attorneys’ costs and fees, as well as all other legal and equitable relief pursuant to state and federal law.
If you worked for Sitemetric, and the following applies to you, you may have a claim for unpaid overtime wages:
- Sitemetric classified you as an independent contractor. Maybe you signed a contract like the one here.
- You worked as an onsite data control officer, access control officer, or any other position in which you were classified as an independent contractor.
- Sitemetric paid you an hourly rate.
- You worked more than 40 hours in a week.
- Sitemetric didn’t pay you overtime at the rate of time and one-half the hourly rate for hours worked over 40 in a workweek. For example, if you were paid $20 per hour, then your overtime rate should have been $30 per hour.
You can read our argument why Sitemetric should have classified onsite data control officers as employees. This argument likely applies to other positions too.
How to File Claims
Because we understand that Sitemetric requires its workers to sign an arbitration agreement, each worker must file their own separate case in individual arbitration. To find out if you qualify, call us at 845-255-9370 or fill out the contact form. All calls are free and confidential.
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.
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 arbitration 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 the filing of your arbitration. This two- or three-year period is called the “statute of limitations.”
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.
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.