The Defendant
Defendant Aetna Resources, LLC offers call center services to its patients and insured members throughout the country and employs customer service representatives to receive and respond to patient phone calls, among other duties.
The Employees
- Position(s): customer service representatives (i.e. employees primarily responsible for responding to inbound telephone calls from patients and insureds).
- Location(s): anywhere in the United States
- Time Period: September 2017 through the present (September 2016 through present for customer service representatives who worked in California).
The Claims in the Lawsuit
Violations of the Fair Labor Standards Act (“FLSA Claims”)
The Complaint alleges Aetna violated the FLSA by failing to pay customer service representatives for all hours worked in excess of 40 in a workweek, including time spent:
- Starting up and logging into computers, programs and applications, before each shift and prior to clocking into Aetna’s timekeeping system;
- Performing computer, program and application shutdown and log-in tasks off-the-clock during their uncompensated meal periods; and
- Shutting down and logging out of computers, programs and applications, subsequent to each shift and after clocking out of Aetna’s timekeeping system.
The Complaint seeks unpaid overtime wages for all such work that occurred in excess of 40 hours in a week and was not paid, plus an equal amount in liquidated damages.
Violations of the California Labor Code
The Complaint alleges that Aetna’s failure to pay customer service representatives working in California for the work described above violated the minimum-wage and overtime provisions of the California Labor Code. The Complaint alleges that Aetna further violated the California Labor Code by failing to provide required meal and rest periods and/or accurate wage statements to customer service representatives working in California.
Case Status
- 9/16/20: the case was filed in the United States District Court for the District of Connecticut, and has been assigned The Honorable Vanessa L. Bryant.
How to Participate
If you believe you are owed wages from the FLSA claims in the lawsuit, you can join the case by signing a “Consent to Sue” form, which you can obtain HERE.
Until the Consent to Sue form is filed with the Court, the statute of limitations for FLSA claims ordinarily continues to run. The statute of limitations under the FLSA is 2 years, and 3 years for willful violations. Thus, if you claim wages under the FLSA from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Sue form.
If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the FLSA, whether favorable or unfavorable. This means that if you win, you may be eligible to share in the monetary award; if you lose, no money will be awarded and you will not be able to file another lawsuit regarding the matters raised in the lawsuit.
There is a possibility the Court will certify the claims under the California Labor Code as a class action on behalf of customer service representatives who worked in California. If a class is certified, such persons will be notified that they are covered and will automatically be included in the 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.
