Defendant The Operations Group Inc. is a campaign consulting firm specializing in voter contact, Get-Out-The-Vote operations, and campaign strategy.
Position(s): Field Organizers (i.e. persons responsible for relaying communications between Defendant’s management and its canvassers, compiling and processing campaigning data and forms, and engaging in in-person canvassing).
Location(s): Anywhere in the United States.
Time Period: May 2018 through the present (May 2017 through the present for field organizers who worked in California).
The Claims in the Lawsuit
Violations of the Fair Labor Standards Act (“FLSA Claims”)
The Complaint alleges The Operations Group Inc. violated the FLSA by paying Field Organizers a fixed amount for each project which did not include any weekly or daily overtime compensation.
Violations of the California Labor Code, California Industrial Welfare Commission Order Regulating Wages, Hours, and Working Conditions in the Professional, Technical, Clerical, Mechanical and Similar Occupations (“IWC”), and the California Private Attorneys General Act (“PAGA”)
The Complaint alleges that The Operations Group Inc. violated the California Labor Code by paying Field Organizers in California a fixed amount for each project, which did not include any weekly or daily overtime compensation, failing to provide meal and rest breaks, accurate, itemized wage statements, or reimbursement for business expenditures incurred and required by their jobs, and failing to timely pay all wages due.
May 5, 2021: The case was filed in the United States District Court for the Eastern District of Pennsylvania. The case has been assigned to the Honorable Nitza I Quinones Alejandro.
How to Participate
To be eligible to recover unpaid wages under the FLSA as a field organizer within the last 3 years, you must complete a “Consent to Join” form, which you can obtain HERE.
There is a possibility the Court will certify the claims under the California Labor Code as a class action, on behalf of the following class of persons:
All persons who worked for Defendant in California at any time within the applicable statutory period.
If a class is certified, persons who fall within the class will be notified they are covered and will automatically be included in this case unless they “opt out.” If you are interested in participating in this case or have further questions, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
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 Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC 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.