CASE UPDATE: On December 6, 2011, the Court conditionally certified the claims in the case against Drake Beam Morin, Inc. as a Fair Labor Standards Act ("FLSA") collective action, and authorized that a Notice of Collective Action Lawsuit be disseminated to all current and former hourly, non-exempt consultants who worked at DBM in the United States between April 2008 to the present. That Notice was disseminated on Friday, January 20, 2012. If you are or were a full-time or part-time hourly, non-exempt consultant who worked at DBM in the United States between April 2008 and the present, you have until April 19, 2012, to return the Consent to Join form and participate in this lawsuit. This lawsuit applies to both Full-Time and Part-Time hourly, non-exempt consultants.
Click here to view the detailed Notice of Collective Action Lawsuit. If you have any questions, email us by filling out the form below, or call us toll-free at 888-816-1761.
Click here to view the Certification Order.
Click here to view the Law360 article.
Background of the Case
Stueve Siegel Hanson LLP and Hillyard, Wahlberg, Kudla & Sloane, LLP have filed a lawsuit on behalf of two former Drake Beam Morin, Inc. ("DBM") consultants challenging the company-wide policy and practice requiring them to perform uncompensated work.
DBM is an international company that provides career transition services to individuals and companies globally and throughout the United States. DBM employs consultants to teach and counsel employees of its corporate clients, who are part of a layoff or downsizing to successfully transition into another job, career or company.
The lawsuit alleges that DMB's consultants are prohibited from recording in the payroll records the actual number of hours they work during the workweek. Regardless of the number of hours consultants actually work in any given workweek, they are only paid for the number of hours pre-determined by DBM. Further, in instances where consultants work more than 40 hours in a particular workweek, they are required to either forego payment for all the hours they worked in excess of 40 hours or shift the excess hours into the following week, thus being deprived of overtime pay for hours worked over 40 hours in a workweek. Finally, consultants perform other tasks, including, but not limited to, study time and travel time, that are not recorded and not compensated for, but that constitute compensable work.
DBM's policies and practices violate federal labor laws by failing to pay its consultants for hours worked and failing to pay overtime. DBM has systematically underpaid consultants by refusing to record and acknowledge all the work they perform for the company.
Click here to view the Complaint.
Click here to view the Law360 article.
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The lawsuit seeks nationwide certification for all consultants who worked for DBM in the last three years. All such consultants are eligible to participate in the lawsuit by obtaining the appropriate paperwork from the attorneys in the case.
DBM employs consultants in the following locations: Phoenix, Arizona; Los Angeles, California; Irvine, California; Pasadena, California; Sacramento, California; San Diego, California; San Francisco, California; San Jose, California; Walnut Creek, California; Woodland Hills, California; Denver, Colorado; Stamford, Connecticut; Washington, D.C.; Boca Raton, Florida; Orlando, Florida; Tampa, Florida; Atlanta, Georgia; Chicago, Illinois; Deerfield, Illinois; Downers Grove, Illinois; Indianapolis, Indiana; Des Moines, Iowa; Kansas City, Kansas; Baltimore, Maryland; Boston, Massachusetts; Burlington, Massachusetts; Troy, Michigan; Kalamazoo, Michigan; Minneapolis, Minnesota; St. Louis, Missouri; Paramus, New Jersey; Parsippany, New Jersey; Princeton, New Jersey; Binghamton, New York; New York City, New York; Rochester, New York; Syracuse, New York; Charlotte, North Carolina; Raleigh, North Carolina; Winston-Salem, North Carolina; Cincinnati, Ohio; Cleveland, Ohio; Columbus, Ohio; Portland, Oregon; Berwyn, Pennsylvania; Philadelphia, Pennsylvania; Pittsburgh, Pennsylvania; Nashville, Tennessee; Austin, Texas; Dallas, Texas; Fort Worth, Texas; Houston, Texas; Salt Lake City, Utah; Tysons Corner, Virginia; and Seattle, Washington.
Questions
If you have questions or would like additional information, please contact George Hanson or Jack McInnes toll-free at 1-888-816-1761. You may also complete the form below to be contacted.
