The Defendant

Survey.com, a company that provides on-demand merchandising services to third party retailers throughout the country. Survey.com operates a mobile app through which its Merchandisers can receive schedules and assignments, report their progress, and track their compensation.

The Employees

Position(s): Merchandisers

Location(s): California

Time Period: August 6, 2014 – present

The Claims in the Lawsuit

The Lawsuit claims that Survey.com misclassified merchandisers as independent contractors, and committed violations of the Fair Labor Standards Act, the California Labor Code, and the Fair Credit Reporting Act.

According to the lawsuit, merchandisers around the country were not paid in accordance with the Fair Labor Standards Act, which sets a minimum wage of $7.25 per hour and requires overtime pay at 1.5 for all hours worked over 40 in a workweek. The lawsuit claims that the only pay merchandisers received was a per-job rate, with no additional or premium compensation for hours worked over 40.

The lawsuit asserts numerous additional wage violations on behalf of merchandisers who worked in California:

Aside from their piece-rate compensation for completion of projects, Merchandisers do not receive any separate compensation for the hours they spend on other compensable activities, including but not limited to driving between projects, and taking short rest periods;

Merchandisers incur work-related expenses including but not limited to gas and mileage expenses for time spent driving between work locations, and purchases of equipment such as folding tables, table cloths, and ice buckets, but receive no reimbursement from Survey.com for such expenses.

Failure to provide an uninterrupted, thirty-minute meal period to Merchandisers who work more than five hours, or a second thirty-minute meal period to Merchandisers who work more than ten hours in a day.

Failure to make available a ten-minute rest period to Merchandisers who work more than 3.5 hours, or a second ten-minute break after six hours;

Failure to pay earned wages within 30 days;

Failure to provide suitable seats;

Finally, the lawsuit alleges that all merchandisers nationwide had their background checks procured by Survey.com without providing written consent, in violation of the Fair Credit Reporting Act.

Case Status

08/06/2018: the case was filed in the United States District Court for the Northern District of California, and is assigned to District Judge Jon S. Tigar

02/19/2019: The court issued an order staying the case pending the completion of an individual arbitration proceeding

How to Participate

If you are interested in participating in this case, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000. There is a possibility the Court will certify this case as a class action under California state laws.  If that happens, eligible drivers will be notified they are covered and will automatically be included in this case unless they “opt out.”

Frequently Asked Questions

Can Defendant discipline or fire me if I join the case?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Survey.com and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.

Will I have to testify or provide documentary proof?

If you have records relating to your work with Survey.com, please keep them until we ask you for them.  However, you do not need to have records of your work hours to be included. If Survey.com did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours.  We will seek any records the company has of your projects and hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Survey.com.  However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.

Will Brown, LLC be my attorneys?

Employees who sign Retainer Agreements will be represented by Brown, LLC and Finkelstein & Krinsk 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.

 

Survey.com (Merchandisers)