On July 19, 2022, our law firm filed an overtime lawsuit against PayCor, Inc. The plaintiff asserts individual claims and claims on behalf of other similarly situated implementation consultants (“ICs”), including associate implementation consultants and other positions with similar positions. The defendant, PayCor, creates Human Capital Management software. Specifically, it provides an online platform which includes payroll management, human resources, timekeeping, tax filing and compliance, applicant tracking, onboarding, and other software solutions to businesses of all sizes. PayCor’s ICs primarily provide services to PayCor’s clients during the software or application implementation process, including assisting with setting up applications, gathering information from clients regarding data conversion, assisting with the roll-out process and providing training to the client. The Complaint alleges that PayCor misclassified its ICs as exempt and improperly denied them overtime pay when they worked overtime hours.
The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”), and as a class action under Ohio state law, seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily- permitted relief for himself and others.
Court File No.1:22-cv-00419 (U.S. Southern District of Ohio)
Case Updates
January 8, 2024
On October 14, 2022, we filed for a motion to send court-authorized notice of this lawsuit to all individuals who worked or work for PayCor as an implementation consultant (“ICs”), or other similarly situated positions within the last three years. This past summer in June 2023, we submitted supplemental briefing relating to our pending motion to address a recent decision from the Court of Appeals that our district court sits in. At the time, we also filed a motion to toll the statute of limitations of any potential collective members given the amount of time that has passed since we originally filed the motion for notice. If granted, the notice of this lawsuit will provide the similarly situated individuals with an opportunity to make a claim in this case for unpaid overtime compensation. As we are waiting for a decision by the court, please feel free to contact Bridget Peterson via email at bpeterson@nka.com or via phone at 612-256-3259.
July 21, 2022
Implementation Consultant Represented by Nichols Kaster, PLLP Files Overtime Case Against PayCor, Inc.
On July 19, 2022, an implementation consultant filed an overtime lawsuit against PayCor, Inc. He asserts individual claims and claims on behalf of other similarly situated implementation consultants (“ICs”), including associate implementation consultants and other positions with similar positions. The defendant, PayCor, creates Human Capital Management software. Specifically, it provides an online platform which includes payroll management, human resources, timekeeping, tax filing and compliance, applicant tracking, onboarding, and other software solutions to businesses of all sizes. PayCor’s ICs primarily provide services to PayCor’s clients during the software or application implementation process, including assisting with setting up applications, gathering information from clients regarding data conversion, assisting with the roll-out process and providing training to the client. The Complaint alleges that PayCor misclassified its ICs as exempt and improperly denied them overtime pay when they worked overtime hours.
The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”), and as a class action under Ohio state law, seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily- permitted relief for himself and others.
Rachhana T. Srey, one of the plaintiff’s attorneys stated, “our firm is very familiar with the type of work that implementation consultants perform and firmly believe that they have been commonly misclassified by employers for years. We are resolved to continue the fight for their unpaid wages.”
The plaintiff and the putative group of other similar implementation consultants are represented by Rachhana T. Srey and Daniel S. Brome of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Lindsey Wagner of Wagner Legal, P.C. in Dublin, Ohio. The case is entitled, Terry, et al. v. PayCor. Inc., Case No. 1:22-cv-00419 (Southern District of Ohio).
Additional information about the case and how implementation consultants can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP at (612) 256-3297.
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Our FAQ
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How Do I Join This Case?
To join others in making a claim for overtime compensation under federal law, you must complete a Plaintiff Consent form. This form will be filed with the Court. To complete and submit the form electronically, click here.
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Am I Eligible?
Because this lawsuit arises under both federal and state law, you may have a qualifying federal law claim, state law claim, or both federal and state law claims.
Do I Have a Qualifying Federal Law Claim?
You may be eligible to make a claim under federal law if you worked over 40 hours per week for PayCor anywhere in the United States, within the past three years as an implementation consultant, associate implementation consultant, or similar position.
Do I Have a Qualifying State Law Claim?
You may be eligible to make a claim under state law if you worked over 40 hours per week for PayCor as an implementation consultant, associate implementation consultant, or in a similar position in Ohio within the past three years.
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Is This a Class Action? What Does that Mean?
This case is both a potential collective action under federal law and a potential class action under Ohio state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.
Although the process and terminology may differ slightly, the idea behind both a class and collective action is the same: 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 class and/or collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate time asking the Court to grant these certifications.
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What Time Frame Does This Case Cover?
There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove PayCor willfully violated the law, the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
No, you will not have to pay us anything out of your own pocket. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award.
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How Do I Prove the Overtime Hours I Worked?
If you have records relating to your work with PayCor, please keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim. If PayCor did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours. We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for PayCor.
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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 suffer retaliation, you may have additional claims. If you work for PayCor and you believe you may be the victim of retaliation for joining this lawsuit, contact us contact the case clerk, Madeline Orozco, at morozco@nka.com or call (612) 256-3297
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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 participating in the lawsuit.
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How Can I Help?
If you know of any implementation consultants or others working in similar positions who may be interested in making a claim for unpaid overtime, please inform them that they should contact the case clerk, Bridget Peterson, at bpeterson@nka.com or call (612) 256-3259. to determine whether they may be eligible to make a claim.
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How Do I Learn More?
To learn more about this case feel free to contact the case clerk, Bridget Peterson, at bpeterson@nka.com or call (612) 256-3259.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.