Monplaisir, et al. v. Integrated Tech Group, LLC and ITG Communications, LLC
ITG FLSA Litigation
3:19-cv-01484-WHA

Frequently Asked Questions

 

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  • This lawsuit is brought on behalf of current and former non-exempt, employees employed by ITG as Technicians, during the time-period March 21, 2016, through the present, throughout the United States.

    This lawsuit was filed against ITG on March 21, 2019, in the United States District Court for the Northern District of California.

    This litigation alleges, among other things, that ITG’s current and former employees who worked as Technicians:

    1.       failed to receive payment for all hours worked, including, without limitation, for time spent working off-the-clock before and after scheduled shifts, and for time spent working during meal and rest breaks; and
    2.       failed to receive all piece-rate compensation to which they earned;
    3.       failed to receive all wages owed to them, including straight-time and overtime pay for all hours worked; and
    4.       that ITG failed to make, keep, and preserve required accurate records of all hours worked by the employees.

    Plaintiffs seek to recover payment for all hours worked, including payment for unpaid straight time and overtime, and minimum wage violations, including interest thereon, statutory penalties and liquidated damages, reasonable attorneys’ fees, and litigation costs on behalf of themselves and all similarly situated workers.  The Court has conditionally certified this case in order to authorize notice of this lawsuit to be sent to all current and former employees who have been employed as a Technician in the United States during the time period of March 21, 2016 through the present. 

    ITG denies all allegations in this lawsuit. ITG contends that it has paid you and all of its technicians properly. ITG also contends that you are subject to a valid and enforceable arbitration agreement.

    Although the United States District Court for the Northern District of California has authorized the sending of this Notice, the Court expresses no opinion regarding the merits of Plaintiffs’ claims or ITG’s defenses.

  • You can join this lawsuit if you are or were a non-exempt employee employed in the position of Technicians by Integrated Tech Group, LLC or ITG Communications LLC (“ITG”) throughout the United States during the time-period of March 21, 2016, through the present.

  • You may join, or “opt in” to, this lawsuit by mailing your completed and signed “Opt-In Consent Form” to Plaintiffs’ counsel at the following address:

    ITG FLSA LITIGATION
    c/o JND Legal Administration
    PO Box 91300
    Seattle, WA 98111

    This form must be returned in sufficient time to have Plaintiffs’ counsel file it with the federal court on or before January 9, 2020.  If you fail to return the “Opt-In Consent Form” to Plaintiffs’ counsel in time for it to be filed with the federal court on or before the above deadline, you may not be able to participate in these claims under the FLSA.

    If you file an “Opt-In Consent Form,” your continued right to participate in these FLSA claims may depend upon a later decision by the District Court that you and the named Plaintiffs are actually “similarly situated” in accordance with federal law.

     
  • If you choose to join this suit, you will be bound by the judgment or settlement, whether it is favorable or unfavorable as to claims made in this action under the FLSA.  The right to recovery for any plaintiff is not guaranteed or certain, and depends on the adjudication of the claim.  If the employees win, you may get additional compensation.  If they lose, you will get nothing.  Joining the lawsuit does not guarantee that you will receive any compensation.

    The attorneys for the Plaintiffs are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorneys’ fees owed to Plaintiffs’ counsel.  You are not under any obligation to pay attorneys’ fees or costs by joining the lawsuit.

    If you choose to join in the suit, you may be required, with the assistance of the Plaintiffs’ lawyers, to respond to written questions, sit for depositions, and/or testify in court.

     
  • If you choose not to join this suit, you will not be affected by any judgment or settlement rendered in this case, whether favorable or unfavorable.  If you choose not to join in this lawsuit, you are free to file your own lawsuit.

     
  • If you received a form of notice that ITG contends that you are subject to a valid and enforceable arbitration agreement, it may impact your ability to participate in the lawsuit.  If you elect to join this lawsuit, you will have an opportunity to challenge the arbitration agreement.  If this challenge is ultimately not successful, you may have an opportunity to pursue your claims through arbitration proceeding(s).

    If you received a form of notice that ITG does not contend that you are subject to a valid and enforceable arbitration agreement, then it will not impact your ability to participate in the lawsuit.

     
  • Federal law prohibits ITG from discharging or in any other manner discriminating or retaliating against you because you have exercised your rights under the FLSA to join this action.

     
  • The law firms of Schneider Wallace Cottrell and Konecky Wotkyns LLP and Berger Montague will represent those who receive this notice and join the collective action.  You may also consult with or retain an attorney of your choice.  If you have any questions, you may contact the attorneys listed below:

    Counsel for the Named Plaintiffs are:

     

    Carolyn H. Cottrell
    Ori Edelstein
    Michelle S. Lim
    SCHNEIDER WALLACE
    COTTRELL KONECKY WOTKYNS LLP
    2000 Powell Street, Suite 1400
    Emeryville, CA 94608
    Telephone: (415) 421-7100
    Facsimile: (415) 421-7105
    Email: ccottrell@schneiderwallace.com
    oedelstein@schneiderwallace.com
    mlim@schneiderwallace.com

    Sarah J. Schalman-Bergen
    Krysten Connon
    BERGER MONTAGUE PC
    1818 Market Street, Suite 3600
    Philadelphia, Pennsylvania 19103
    Telephone: (215) 875-3033
    Facsimile: (215) 875-4604
    Email: sschalman-bergen@bm.net
    kconnon@bm.net

     

For More Information

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Mail

ITG FLSA Litigation
c/o JND Legal Administration
PO Box 91300
Seattle, WA 98111