On December 15, 2022, an inside sales representative filed a putative collective action against DSSV, Inc., d/b/a Brightwheel for unpaid overtime. He brought the case on behalf of himself and other inside sales representatives, account executives, and sales development representatives (collectively, inside sales employees) who were responsible for selling Brightwheel’s subscriptions to its childcare management platform used by childcare centers and preschools.
The Complaint alleges that Brightwheel misclassified inside sales employees as exempt from the Fair Labor Standards Act’s overtime protections, and improperly denied them overtime pay. It seeks to hold Brightwheel accountable to these workers for unpaid overtime premium pay for up to three years, liquidated (double) damages, and other statutorily permitted relief.
Our firm has partnered with Charles Scalise of Ross Scalise Law Group in Austin, Texas, in representing the plaintiffs.
Case Updates
November 19, 2024
On November 19, 2024, the Court approved the settlement. Checks will be disbursed to our clients in late January 2025.
February 27, 2024
On February 7, 2024, the Court authorized an administrator to send notice of the lawsuit to all current and former Sales Development Representatives (SDRs), Inside Sales Representatives (ISRs), and Account Executives (AEs) who worked for Brightwheel at any time since February 7, 2021, who Brightwheel classified as exempt from overtime pay. Atticus Administration sent notice on February 26, 2024, by mail, email, and text. Those wishing to join must submit a consent form by April 26, 2024 through Atticus Administration.
If you have any questions regarding the notice, please contact our case clerk Tommy Navarre at tnavarre@nka.com or 612-256-3238.
December 22, 2023
Update on Unpaid Overtime Case Against DSSV, Inc., d/b/a Brightwheel
The Court denied Brightwheel’s motion to transfer the case to Texas, meaning that the case will stay in California. Last month, we filed a motion asking the Court to allow us to notify all eligible Brightwheel employees about the case and order Brightwheel to provide their contact information for us to do so. The Court has not yet ruled on the motion and there is still time to join the case. Eligible Brightwheel employees who worked unpaid overtime hours anywhere in the country within the past three years may join this case.
If you have any questions, you may contact our case clerk, Tommy Navarre, at 612-256-3238 or tnavarre@nka.com.
July 31, 2023
We attended mediation on July 28, 2023 to see if a settlement could be reached. The case did not resolve and will proceed. The period for people to join and make a claim for their overtime pay is still open.
April 10, 2023
On December 15, 2022, we filed this case in California. Brightwheel asked the Court to transfer the case to Texas, and the Court will be hearing argument on that motion in June. Transfer does not impact who can join and we are still accepting new clients who worked overtime hours anywhere in the country in the past three years.
December 20, 2022
Inside Sales Representative Brings Overtime Case Against Brightwheel
On December 15, 2022, an inside sales representative filed a putative collective action against DSSV, Inc., d/b/a Brightwheel for unpaid overtime. He brought the case on behalf of himself and other inside sales representatives, account executives, and sales development representatives who were responsible for selling Brightwheel’s subscriptions to its childcare management platform used by childcare centers and preschools.
The Complaint alleges that Brightwheel misclassified inside sales representatives as exempt from the Fair Labor Standards Act’s overtime protections, and improperly denied them overtime pay. It seeks to hold Brightwheel accountable to these workers for unpaid overtime premium pay for up to three years, liquidated (double) damages, and other statutorily-permitted relief.
Michele R. Fisher, an attorney who represents the workers, stated, “sales jobs are demanding, with goals and expectations that often result in overtime hours worked. We believe that these employees should have been paid an overtime premium when they worked overtime hours and seek to get them fairly compensated under the law.”
Plaintiffs are represented by Michele R. Fisher and Daniel S. Brome of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Charles Scalise of Ross Scalise Law Group, P.C., in Austin, Texas. The case is entitled, Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel, Case No. 4:22-cv-08863 (Northern District of California).
Additional information about the case and how inside sales representatives can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP at (877) 344-4628.
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Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 877-344-4628 today!
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How Do I Join This Case?
The deadline to join this case has passed. If you have any questions or concerns, please direct them to our case clerk, Tommy Navarre, at 612-256-3238 or via email at tnavarre@nka.com.
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Am I Eligible?
You may be eligible to make a federal law claim in this case if you worked for Brightwheel at any time within the past three years as an inside sales representative, account executive, sales development representative or other similar position, and were not paid an overtime premium for the hours you worked over 40 per week.
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Is This a Class Action? What Does that Mean?
This is a potential collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. To proceed as a group, though, the Court must certify the collective. The Court has conditionally certified this case as a collective action.
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Which Locations Are Included?
This case seeks to include all inside sales employees who work or have worked for Brightwheel anywhere in the country within the past three years.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that Brightwheel intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. If Brightwheel did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Tommy Navarre at 612-256-3238 or tnavarre@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Can I Help?
You may reach out to our case clerk, Tommy Navarre, at 612-256-3238 or tnavarre@nka.com with any information you have.
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How Do I Learn More?
To learn more, contact the case clerk, Tommy Navarre, at 612-256-3238 or tnavarre@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.