OVERVIEW OF THE CASE AND ONGOING INVESTIGATION
Stueve Siegel Hanson LLP, Federman and Sherwood, and Lee & Braziel LLP have filed a class action lawsuit on behalf of business sales representatives at Dell Call Centers for unpaid wages and overtime.
Click here to view the Complaint.
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Stueve Siegel Hanson, along with our co-counsel, represent current and former business sales representatives (BSR) in a wage and hour collective action against Dell. The case is Hitul Gandhi et. al v. Dell, Inc., et. al. Case No. A-08-CA-248 JRN filed in U.S. District Court in Austin, Texas. The lawsuit alleges that Dell violates federal and state wage and hour laws by failing to accurately record all time worked and failing to pay earned wages and overtime. Examples of the unlawful practices claimed include: (1) misclassifying BSR as "salaried nonexempt" and misapplying the half-time method of paying overtime, and (2) consistently requiring BSR to perform necessary job activities without compensation, i.e., working off the clock (such as pre-shift work, post-shift work and unpaid lunches).
On July 2, 2009, a Court recommended conditionally certifying as a collective action the claims of BSR that were filed under the Fair Labor Standards Act. Click here to read a copy of the Court's order certifying the class.
The Court's certification order applies to current and former full-time BSR who worked at any Dell Call Center in the last three years. The Court has directed that the term BSR is not limited to employees in Dell's small-medium business unit, but rather includes employees in the small-medium business unit, large enterprise group, and the public unit (selling to higher education and government entities). If your Dell job classification was Inside Sales Representative, Transactional Sales Representative, Relationship Sales Representative or Technical Sales Representative, you may be able to join the case. This case does not cover, however, employees who only ever sold to individual home consumers (e.g., consumer sales representatives).
In December 2009 and January 2010, notice was mailed to BSR who are eligible to join the case, notifying them about the case and providing the paperwork for them to join. The notice describes the lawsuit and answers many frequently asked questions. Click here to read the notice. The deadline to return the paperwork to join this lawsuit is March 30, 2010. Even if you did not receive the notice, you may still be eligible to join the class. You may contact us to determine if you are eligible.
WHO CAN JOIN THIS LAWSUIT?
If you worked at any Dell call center facility in the job duties of a business sales representative in the last three years, you may be eligible to join this lawsuit.
If you have other questions or would like additional information, please contact Katrina Cervantes or Bradley Wilders at 1-866-714-0877 or fill out the form below to be contacted.
Why Stueve Siegel Hanson?
Stueve Siegel Hanson is a national litigation firm specializing in complex business litigation, securities litigation, and consumer class actions. We have obtained substantial results for our clients in all types of litigation around the country, and have collectively been honored with dozens of awards and designations, for both our trial successes, and case results.
