The Defendant is Cloud 10 Corp, a provider of inbound communications, including telephone, email, Internet chat, or fax communications; outbound communications, including customer surveys, appointment scheduling, market analysis, customer loyalty management, and win-back programs. Cloud 10 is headquartered in Centennial, Colorado.
- Position(s): home-based hourly customer service advisors who worked for Cloud 10, Corp.’s Apple account
- Location(s): anywhere in the United States
- Time Period: October 24, 2014 – November 7, 2017
The Claims in the Lawsuit
The lawsuit alleges that Advisors who worked for Defendant’s Apple Account were victims of Defendant’s common unlawful policies in violation of the FLSA, including:
Failing to pay Advisors for time spent training at the beginning of their employment with Defendant;
Failing to pay Advisors for time spent booting up their computers, logging into and connecting to Defendant’s computer network, and opening and accessing required computer software applications before punching in, which occurred at the beginning of each shift, upon returning from unpaid breaks, and in instances in which Advisors had to restart their computers or computer software applications due to technical issues;
Failing to pay Advisors for periods during the workday in which they were disconnected from Defendant’s computer network but were required to continue handling incoming telephone calls;
Docking entire shifts of Advisors’ pay as a penalty for punching in after their scheduled shifts;
Requiring Advisors to perform work after the end of their scheduled shifts, including handling incoming customer support telephone calls, completing notes from calls, and exchanging work-related e-mails and other communications, but failing to pay Advisors for such time;
Requiring Advisors to punch out before logging out of other computer software applications and shutting down their work computers, thereby depriving them of hourly pay for time spent performing such postliminary activities.
Compensating some of Advisors’ hours in excess of 40 in a workweek at a rate less than time-and-a-half their regular rate of pay.
Failing to pay Advisors for time outside of their shifts they spent engaging in telephone calls with Defendant’s managers regarding work-related issues including technical programs with computer programs, scheduling errors, and payment issues.
As a result, the lawsuit claims that Advisors including Plaintiffs were not being paid for all hours worked, including hours in excess of 40 in a workweek, in violation of the FLSA and the laws of the states from which Advisors performed their jobs for Defendant.
- December 16, 2016: the case was filed in the United States District Court for the District of Colorado, and has been assigned to District Judge William Martinez.
- October 24, 2017: Judge Martinez granted the Plaintiffs’ motion to approve distribution of a court-approved notice of the lawsuit. The notice was distributed in November 2017 via mail and email, with instructions for individuals seeking to join the lawsuit to return enclosed “Consent to Join” forms by January 16, 2018.
- February 17, 2018: Over 200 individuals have joined the case, and the deadline to join has closed. The case is currently in the discovery phase.
How to Participate
The deadline to file a claim the District of Colorado lawsuit passed on January 16, 2018. Therefore, it is too late to recover wages from this particular lawsuit – although you can still provide information and evidence if you so choose.
If you believe you are owed wages from Cloud 10, you should consult with an attorney as soon as possible. Unless and until you file a claim, the statute of limitations ordinarily continues to run. The statute of limitations under the Fair Labor Standards Act is 2 years, and 3 years for willful violations. Thus, if you claim wages from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Sue form.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will JTB Law Group be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by JTB Law Group with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.