Riggan Law Firm Obtains Conditional Class Certification for Customer Service Representatives in FLSA Case

Riggan Law Firm Obtains Conditional Class Certification for Customer Service Representatives in FLSA Case

As indicated in a blog post in September 2011, Riggan Law Firm, LLC, a Missouri overtime law firm, working in connection with Sowers & Wolf, LLC, previously filed a class action lawsuit against St. Louis-based Natoli Engineering Company to recover unpaid overtime for a group of customer service representatives. The Plaintiffs allege that they were unlawfully misclassified as salaried and exempt from overtime.

Early in the litigation, the Plaintiffs filed a Motion to Conditionally Certify the Class pursuant to the Fair Labor Standards Act. The Plaintiffs asked the Court to Order Natoli to provide Plaintiffs' counsel with a list of all class members who have performed customer service and/or order entry duties at Natoli in the last three years, and to allow Plaintiffs to send out notice to the class advising them of their rights to opt-in to the lawsuit and assert a claim for unpaid overtime.

On November 21, 2011, the Honorable Judge Audrey G. Fleissig, with the United States District Court for the Eastern District of Missouri, issued an Order granting Plaintiffs' Motion for Conditional Certification. The Judge ordered a deadline of December 5, 2011 for Natoli to provide Plaintiffs with a list of all persons (and their contact information) who performed customer service and/or order entry duties within the last three years. In addition, for all class members currently employed by Natoli, the Court ordered Natoli to include a copy of the class notice and opt-in consent form in the same envelope as the employees' pay stubs on their next pay day.

Once the class notice and consent form is sent out to the class, the class members will have ninety (90) days to opt-in to the lawsuit and assert a claim for unpaid overtime. Any class member may opt-in by providing Plaintiffs' counsel, Riggan Law Firm, LLC, with a signed copy of the consent form, which will be filed with the Court.

If you believe your rights to overtime pay have been violated, or if you want to learn more about your rights, you should contact a Missouri overtime lawyer.

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