SuperMedia Overtime Lawsuit

What is the current status of this lawsuit?
Though a trial date was originally set for September 2014, this has been cancelled since the parties involved have reached a tentative settlement agreement. The details of settlement agreements are still being work out, and, once decided, Court approval is still required. More information will be provided when it becomes available.

I’m currently a SuperMedia employee and I don’t want to lose my job. Will my boss retaliate against me if I join the lawsuit?
The Fair Labor Standards Act (FLSA) has an anti-retaliation provision. Any employer who retaliates against an employee for making a FLSA claim, such as by firing them or discriminating against them, faces significant penalties.

How do I know I was getting cheated out of overtime pay?
If you were an inside sales employee and worked more than 40 hours in a workweek and were either (1) not paid any overtime wages for hours worked over 40 in a workweek or (2) were paid overtime wages for hours worked over 40 in a workweek, but your hourly overtime rate of pay was based only on your base salary instead of your base salary plus commissions as required by federal law.

How much can I make from this? Is it worth it?
Every case is decided on its own facts, but past due overtime wages, even if they are only for a few hours of overtime a week, can add up. The FLSA also provides for an automatic doubling of those back wages as a penalty for the employer’s violation of the overtime wage laws. In addition, a successful FLSA claimant is entitled to recover attorney’s fees, meaning that the claimant will not be paying the fees out of pocket or even out of their portion of the award.

I made a base salary and a commission as an inside sales representative, am I still entitled to overtime compensation?
Yes, just because you are not paid on an hourly basis does not mean that you are not entitled to time and a half overtime for hours worked over 40 in a workweek. If you are an inside sales representative, you are entitled to time and a half overtime compensation for hours worked over 40 in a workweek. Your time and a half rate of overtime pay is calculated by determining your “hourly” rate of pay based on your base salary and commissions.

How much will it cost to join the lawsuit?
Representation in this case works on a contingency fee basis, which means that you do not pay anything out of pocket for us to evaluate your case and represent you in recovering the back overtime wages you are due. After achieving a successful result in the lawsuit, our fees are paid by the defendant as part of the award.

How many people have been affected by this?
This case was filed on July 1, 2011, and the facts are still unfolding, but it is believed that hundreds of SuperMedia inside sales representatives over the past three years have been affected.

I used to work for SuperMedia. Am I still eligible to join the lawsuit?
Yes. The FLSA enables current and former employees to recover past due overtime wages for the preceding three-year period. In other words, we can go back three years in attempting to recover wages you are due.

How long is this going to take? Don’t lawsuits take years?
Any lawyer that tells you how long a case will take is probably not giving you good advice, as there are too many variables for an exact prediction to be made in any case. However, know that our goal is to recover the money you are due as soon as possible.

What if I worked overtime without my supervisor’s approval, am I still entitled to overtime compensation?
Yes, if your supervisor knows or has reason to believe that you are working more than 40 hours in a workweek, you are entitled to time and a half compensation for all hours worked over 40 in a workweek. Your supervisor cannot simply turn a blind eye to the hours you are working.  It does not matter whether the overtime was “authorized” by your supervisor or not.  What matters is whether your supervisor knew or had reason to know you were working more than 40 hours in a workweek. If so, that employer owes you overtime compensation.

Is SuperMedia the only company that’s doing this?
SuperMedia is not the only company that is violating the overtime wage laws of the FLSA. So far, we have found that FLSA overtime violations are very common for inside sales representatives who are paid a base salary plus a commission, specifically in the world of telemarking and call centers. Many of these workers are led to believe that they are not entitled to overtime since they make a salary and a commission, but employers engaging in this practice are pocketing significant sums of money that should be paid to their employees. If you think you may not be getting all the overtime pay you deserve, contact us today for a free, confidential legal consultation.