OVERVIEW OF THE CASE 

Nationwide Federal Claims

Following a $14,850,000 settlement on behalf of WIS's California employees, Stueve Siegel Hanson LLP and Lear Werts LLP, is now pursuing a nationwide case against WIS Holdings Corporation a/k/a WIS International and Washington Inventory Service, INC. ("WIS") alleging that employees did not receive overtime pay as required by the federal Fair Labor Standards Act ("FLSA"). The case is "Joseph Berte, et al., v. WIS Holdings Corporation, a/k/a WIS International, and Washington Inventory Service, Inc.," Case No. 3:07-cv-1932 filed in U.S. District Court for the Southern District of California.

Conditional Collective Action Certification Granted

The Court recently granted conditional certification for this lawsuit to proceed as a collective action. On August 25, 2011, A Notice of Collective Action Lawsuit was mailed to all potentially eligible individuals, informing them about the case and their right to join. If you are or were employed by WIS as an Inventory Associate anywhere in the United States, other than California, at any time between July 14, 2009 and July 14, 2011, you should receive the Notice. In addition, if you know of anyone else who may be eligible but has not joined the lawsuit, please have them contact us by filling out the form below or calling us at 866-714-0878. There is strength in numbers, and it is critical that as many eligible individuals as possible join this litigation prior to the deadline of October 24, 2011.

Deadline to Join

The deadline to return the Consent to Join form and participate in this lawsuit is October 24, 2011. More details about the case are found below.

FAQs

The Notice of Collective Action Lawsuit contains detailed information that should answer any questions you may have. Click here to view a copy of the Notice. Most importantly, you have a choice to make now:

• ASK TO BE INCLUDED. Join this lawsuit. Await the outcome. Give up certain rights. See page 1 of the Notice for more details. To be included, you must sign, date and return the Consent to Join form, postmarked no later than October 24, 2011.

• DO NOTHING. Do not join this lawsuit. Get no benefits from it. Keep rights. See page 1 of the Notice for more details.

Is there any money available now?

No money or benefits are available now because the Court has not decided whether WIS did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified of your entitlement to recovery and how to obtain it.

What if I am worried about retaliation?

Federal law prohibits WIS from terminating your employment, or in any other manner discriminating or retaliating against you, for taking part in this lawsuit.

Will I have to pay the lawyers and how will the lawyers be paid?

Class Counsel are working on a contingency fee basis. You will not have to pay them anything. They will get paid only if they get money or benefits for the Class. If that occurs, they may ask the Court for their fees and expenses. If the Court grants Class Counsel's request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by WIS, or may be a combination of the two.

How can I obtain more details?

If you would like more information about the lawsuit or how to join the case, please fill out the form below, or you can call us at 866-714-0878 or call the administrator at 888-624-6709. In order to properly join the case, you must sign and return the Consent to Join form included in the Notice materials and it must be postmarked on or before October 24, 2011.

Background of the Case

WIS provides inventory counting services to retail companies throughout the United States. The complaint alleges that WIS fails to pay its Inventory Associates ("IAs") earned compensation, including overtime, and fails to keep accurate time records in order to save payroll costs. Specifically, plaintiffs claim that WIS systematically underpays IAs because the company fails to record all time worked, including travel time. Plaintiffs believe that WIS failed to pay employees their earned wages and overtime compensation violates the Fair Labor Standards Act ("FLSA"). Stueve Siegel Hanson settled a similar lawsuit on behalf of all California IAs in 2009 for $14,850,000. This lawsuit was filed as a collective action on behalf of all similarly situated Inventory Associates employed by WIS in the past three years.

If you are or were employed by WIS as an IA anywhere in the United States, other than California, at any time between July 14, 2009 and July 14, 2011, you may be eligible to participate in this lawsuit. To request a copy of the Notice and Consent Form please call 888-624-6709. If you have any other questions, please fill out the contact form below and we will be in touch with you. It is important that you contact us as soon as possible because claims continue to diminish or expire under applicable statute of limitations until your completed paperwork is filed with the Court. You can also call us at 866-714-0878.

We look forward to representing you. If you have any questions or concerns, please do not hesitate to contact us.

Click here to view the Complaint.

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