Paycor Overtime Case COURT-AUTHORIZED NOTICE
If you were a Client Sales Executive, Senior Client Sales Executive, or Newton Client Sales Executive at Paycor between November 3, 2017 and the present, please read this notice.
A collective action lawsuit may affect your legal rights.
This is a court-authorized notice. This is not a solicitation from a lawyer.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
ASK TO BE INCLUDED | If you choose to be included, you will share in any monetary recovery that might come from a trial or a settlement in this lawsuit. You give up any rights to separately sue Paycor about the same legal claims in this lawsuit. If you wish to be included, you must complete and submit the “Consent to Join” form included with this Notice on or before (if by mail, postmarked on or before) July 9, 2022. |
DO NOTHING | By doing nothing, you will not be included in this lawsuit. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement if those bringing the lawsuit are successful. You keep any rights to sue Paycor separately about the same legal claims in this lawsuit, but the limitations period on your federal claim will continue to run. |
This notice contains information that affects your rights. Please read it carefully.
1. Why did I get this notice?
You are getting this notice because Paycor’s records show that you worked as a Client Sales Executive, Senior Client Sales Executive, or Newton Client Sales Executive between November 3, 2017 and the present.
2. What is this lawsuit about?
The lawsuit alleges that Paycor failed to pay Client Sales Executives, Senior Client Sales Executives, or Newton Client Sales Executives overtime under the Fair Labor Standards Act (“FLSA”) for the hours they worked over 40 in a workweek. Specifically, Plaintiff alleges that salespeople in these job titles were unlawfully classified as exempt employees, that they routinely worked over 40 hours in a workweek, and that Paycor unlawfully failed to pay them overtime. Paycor denies these allegations and states that it has properly classified all of its exempt salespersons. The Court has not yet decided who is correct.
The lawsuit is known as Stang v. Paycor, Inc., Case No. 20 Civ. 00882, and is pending before the Honorable Michael R. Barrett, United States District Judge in the Southern District of Ohio.
In a collective action lawsuit, one or more people may bring a lawsuit on behalf of themselves and others who are similarly situated to them. All Client Sales Executives, Senior Client Sales Executives, and Newton Client Sales Executives who decide to participate in the FLSA claims in this case are part of the “Collective” and are “Collective Members.” One court resolves the issues for all Collective Members.
3. What is a collective action and who is involved?
Enclosed is a form called “Consent to Join.” If you want to join this lawsuit, you must read, sign, and promptly return the Consent to Join Form by (if by mail, postmarked by) July 9, 2022. An addressed and postage-paid envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Form must be mailed, faxed, or submitted online to:
Paycor Overtime Case
P.O. Box 2031
Tustin, CA 92781
Fax: (888) 845-6185
Website: paycorwagelawsuit.com
The signed Consent to Join Form must be submitted or postmarked by July 9, 2022.
5. What happens if I join the collective?
If you are eligible to join the lawsuit and choose to join, you will be bound by any ruling, monetary settlement, or judgment, whether favorable or unfavorable.
While this suit is pending, you may be asked to provide documents or information relating to your employment, or otherwise participate in written discovery, depositions, and/or in a trial of this matter in the United States District Court for the Southern District of Ohio.
6. Can Paycor and/or my current employer retaliate against me if I join the lawsuit?
No. It is a violation of federal law for Paycor or any other employer to fire, discipline, or in any manner discriminate or retaliate against you for taking part in this case. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of you receiving this notification, considering whether to join this lawsuit, or actually joining this lawsuit, please contact Plaintiff’s lawyers listed below or another attorney of your choice.
7. Do I have a lawyer in this case?
If you choose to join the lawsuit, you will be represented by Plaintiff’s counsel, Outten & Golden LLP and Merriman Legando Williams & Klang, LLC. Information about Plaintiff’s counsel is available at: www.outtengolden.com and www.teamlgm.com, and their contact information is listed in Section 8, below.
Plaintiff has entered into a contingency fee agreement with Plaintiff’s counsel, which means that if Plaintiff does not win, there will be no attorneys’ fees or costs chargeable. Under the fee agreement, in the event there is a recovery, Plaintiff’s counsel will apply to the Court for reimbursement of costs and fees as a portion of any settlement obtained or money judgment entered in favor of the Plaintiff and the Collective in an amount the greater of: (1) the “lodestar” amount, calculated by multiplying reasonable hourly rates by the amount of time expended on the lawsuit; or (2) one-third of the gross settlement or judgment amount. Fees may be part of a settlement obtained or money judgment entered in favor of the Plaintiff or may be ordered by the Court to be separately paid by Paycor or may be a combination of the two.
8. Questions?
If you have any questions, you may write, e-mail, or call Plaintiff’s counsel:
Melissa L. Stewart Chauniqua D. Young
Sabine Jean
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: (212) 245-1000 Facsimile: (646) 509-2060
PaycorOTCase@outtengolden.com
Drew Legando (Bar No. 84209)
MERRIMAN LEGANDO WILLIAMS & KLANG, LLC
1360 W. 9th Street, Suite 200
Cleveland, OH 44113
Telephone: (216) 522-9000
Facsimile: (216) 522-9007
E-mail: drew@merrimanlegal.com
DATED: April 25, 2022
Questions?
Contact Plaintiff’s Counsel at
212-245-1000 or PaycorOTCase@outtengolden.com