What Should I Do If I Am a Consumer in the Advantage Solutions Lawsuit?
An employee of Advantage Solutions lawsuit Direct Management Corporation claims the company violates California anti-theft laws by incorrectly classifying Customer Service Managers as non-exempt from overtime laws. Advantage classifies these managers as exempt from state and federal overtime regulations, thereby ensuring they don’t receive any additional compensation for working extra hours. Advantage states that all Customer Service Management personnel are required to be paid for every hour they are engaged in work-related activities, regardless of whether they are actually doing the job or not. The California Department of Labor also classifies Advantage’s Customer Service Managers as “exempt” from overtime regulations because they are required to meet set performance goals and are not required to work any extra shifts beyond their established shift schedule. However, the California Department of Labor does not have authority to enjoin or punish an employer who does not follow these regulations.
The current lawsuit revolves around a claim that was submitted by an employee of Advantage Solutions (“ASM”), a division of Advantage Group, LLC (” ASD”).
The employee contends that he was improperly classified as exempt Non-Employee Supervision personnel on the basis that he was engaged in post-production tasks (i.e., editing, typing, and uploading) during the period when he actually worked as a CMA. This is the most fundamental issue raised in this case. If the CMA is engaged in post-production work during his regular work week, then what is the basis for classifying him as an exempt supervisor?
When we reviewed this lawsuit, we found several inconsistencies with Advantage Solutions’ answers as well as their responses to the complaints that were filed with them.
The first question we asked was: “If your email address will not be published, how do you say so?” We explained that we could use an email address to find an exemption based on the date of creation of the email account rather than whether the address was created during the time the employee was employed with Advantage. We presented a detailed explanation to Advantage Solutions that they had failed to address, and that therefore, the email address would remain exempt.
The second question we asked was: “Do you believe that if you are a part of the twenty-first century class of protected supervisors that your email address will not be published?
” Again, we presented a detailed explanation to Advantage Solutions that they had failed to address, which in turn left our hypothetical case open to an interpretation that we had not addressed. Advantage, in its filings, identified an identical situation that we had discussed in our previous article. Under the circumstances, we believe that it is likely that if the supervisor creates email accounts for use during the entire course of his employment with Advantage, that those accounts will not be published. Again, we advise any potential plaintiffs that if they have a case that would result in an advantage lawsuit, they should not hesitate to ask an advantage attorney how likely it is that their email addresses will be published.
Does Your Email Address Will Not Be Published? What about my email address? If I use a work email account, will that email address not be published? What about my home or personal address? These are all important considerations because, in many cases, there are strong protections in place that prevent employers from having their contact information published without consent.
For example, if you were suing a corporation for breach of warranty and you received a total of seven notices between the first lawsuit and the date of your settlement claim form was mailed to your home address, you may be entitled to a settlement check that contains an allowance for attorneys fees.
Most insurance carriers will not send these payments unless the damages have already been awarded. This same principle will hold true if your negligence is the basis for the lawsuit. Insurance companies will not send your check until you have been awarded the damages.
Is There a Time Limit on Receiving Overtime Pay?
The California Overtime Laws Class Action lawsuit says “A plaintiff may only recover fees if he or she submits a claim.” As we stated previously, the maximum time limit on receiving overtime pay is seven years. However, the clock begins ticking even before this seven-year period begins, as any overtime hours actually worked by you before this time may be taken into consideration during compensation calculations for the employer.
Does Your Employer Has Adequate Insurance? The California Class Action Lawsuit says “A class-action lawsuit may not be brought more than two years after the date on which the employer was served with notice of a negligent act or a complaint.” If your employer was served with both a Notice of Intention and a complaint, the two must be filed within two years of the date of the first incidence.