FDM, an internet technology (IT) staffer, has serviced over 50 clients across the United States. The Working Solutions Law Firm, located in New York City, recently won a motion against FDM to conditionally certify an FLSA collective. Our Law Office alleges that FDM’s IT consultants were not paid overtime. While the defendant claims the IT consultants are overtime exempt, we argue that FDM has not complied with the overtime policies in the Fair Labor Standards Act (FLSA). The court has authorized notices of the pending action to all FDM consultants who worked in the last 5+ years. The statute of limitations for the FLSA is 3 years usually, but there is a tolling agreement in place while a prior motion to dismiss is pending at the district court, therefore allowing for an extended FLSA collective. Over 1000 people are believed to be in this class list. Notices will soon be sent to class members.
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