On February 16, 2022, we filed an overtime lawsuit against OpSec Security, Inc. and OpSec Online, LLC (“OpSec”). The named plaintiff asserts individual claims and claims on behalf of other similarly situated Brand Analysts, Sr. Brand Analysts, and employees in other positions with similar titles and/or duties. The Complaint alleges that the plaintiff’s primary duty was non-exempt work, and that this was true for other similarly situated Brand Analysts. Plaintiff’s work included reviewing potentially illegitimate activity on the internet for Defendants’ clients, including but not limited to counterfeit goods, traffic diversion, and misuse of trademark or copyright rights. The Complaint alleges that Plaintiffs and other similarly situated employees followed specific processes, procedures, and workflows to review content identified by OpSec’s software and create template response letters and/or emails. The complaint further alleges that OpSec required Brand Analysts to work overtime in order to complete all of their work, but misclassified them as exempt, improperly denying them overtime pay when they worked over forty (40) hours per week.
The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for herself and others.
Our firm has partnered with attorneys Benjamin L. Davis of The Law Offices of Peter T. Nicholl in Baltimore, Maryland and Erika Burch of Strindberg Scholnick Birch Hallam Harstad Thorne in Boise, Idaho in representing the plaintiffs in this case.
This case is entitled Hanigan et al. v. OpSec Security, Inc. and OpSec Online, LLC, Case No. 1:22-cv-00064-REP (District of Idaho)
Case Updates
May 2, 2023
OpSec Security, Inc. Case Update
On September 26, 2022, the Court granted our motion for court-authorized notice, and notice was sent to all eligible brand analysts. The notice period has closed. The court must now resolve legal issues raised by the parties. We cannot be certain when the court will rule, but we will continue to keep you updated. If you have questions or a change in contact information, please contact case clerk Bridget Peterson at bpeterson@nka.org or 612-256-3249
April 27, 2022
OpSec Security, Inc. Case Update
On April 25, 2022, we filed our motion for court authorized notice. Through this motion, we are seeking to send a court-authorized notice of the lawsuit to all eligible brand analysts who meet the collective definition. We cannot be certain when the court will rule on this, but we will continue to keep you updated. In the meantime, please keep your contact information up to date in the event we need to contact you. If you have any questions or need to update your contact information please reach out to Julia McGuire at jmcguire@nka.com or 612-256-3267.
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