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DS Services Of America, Inc. “Costco Sales Representatives” Overtime Lawsuit

Costco Sales Representatives at DS Services of America, Inc. are suing for unpaid overtime wages. You might be able to join if you were a Costco Sales Representative at DS Services of America, Inc. during the last three years. Continue reading for details.

 

I. Who is the defendant?

DS Services of America, Inc. DS Services of America, Inc. is headquartered in Atlanta, Georgia. According to their website, DS Services is a leading provider of home and office bottled water delivery services.


II. What is this case about?

Unpaid overtime wages. Costco Sales Representatives at DS Services of America, Inc. are paid a salary but not paid any overtime wages when they work beyond 40 hours in a week. We claim in this lawsuit that this is wrong and that Costco Sales Representatives are entitled to be paid on an hourly basis, including time and a half when they work more than 40 hours in a week. Click here to read the lawsuit itself.


III. But I am salaried? I thought that means that I don’t get overtime?

Not true. Whether or not you get overtime is a question of law, and the fact that an employer pays you a salary and no overtime premiums does not mean that you aren’t entitled to overtime. We see many examples of employees who are told that they are salaried when in fact they should have been paid on an hourly basis, including time and a half for hours over forty.


IV. What does the law require?

State and federal overtime laws require employers to pay time and a half when employees work more than 40 hours in a week. There are exceptions to this rule. Including, exemptions for executives, professionals, and administrators, there are also exemptions for outside sales and inside sales (but only when commissions are more than half of the employee’s total pay). Employees are allowed to join collective actions simply by signing and returning a consent form.


V. What court is the case filed in?

Florida. This case is filed in Federal Court in the Southern District of Florida. It is not limited, however, to Florida Costco Sales Representatives. We are seeking nationwide status so that Costco Sales Representatives from around the country can join and be represented.


VI. Can I join? If so, how?

Yes. If you were a Costco Sales Representative for DS Services of America, Inc. during the last 3 years. Click on the “Consent Form” button below to view and print a Consent Form. Sign it, send it to us at the Hayber Law Firm and we’ll file it with the court.

If your employment with DS Services of America, Inc. ended more than 3 years ago, you might not be able to join. Call us to discuss this issue.


VII. Should I fear retaliation?

No. It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you.


VIII. What if I don’t have records of my hours?

Don’t worry. Employees who are misclassified as “exempt” and not paid overtime can still sue even if they didn’t keep time records. The hours that you worked can usually be determined by other methods, including when you logged in and off a computer system, when you sent emails or made phone calls and other ways.


IX. Where can I go to get answers to my questions?

Call us. You are always welcome to call us at Hayber Law Firm who will do their best to answer your questions. Our number is 860-522-8888.


X. Who are the lawyers representing Costco Sales Representatives

Hayber Law Firm, LLC and Rolnick & Netburn, LLC The Costco Sales Representatives who brought this lawsuit are being represented by the Hayber Law Firm located in Hartford, Connecticut and Rolnick & Netburn, LLC located in Coral Springs, Florida. We are experienced overtime class action lawyers and have successfully handled cases like this in the past.


XI. How much can I expect to get?

It depends. We claim that Costco Sales Representatives should be paid for the hours they worked beyond forty in a week during the last three years. The actual amount you get (if any) will depend on how many hours you worked, your salary, and other factors.


XII. Will I have to pay any legal fees or costs?

No. We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement. The court will closely supervise our fee petition and ensure that it is fair to the class.


XIII. What is the status of the case?

The following represents the status of the case as of the date indicated:

DATE

COURT FILING 

DESCRIPTION

October 2, 2014

Complaint

This is the lawsuit itself which includes the detailed allegations of wrongdoing.

 November 12, 2014

DS Services Answer

DS Services claims that Costco Sales Reps are outside sales persons and not entitled to overtime pay. 

December 9, 2014 

Response to Statement of Claim

DS Services denies overtime entitlement and in the alternative claims Costco Sales Reps are only entitled to 1/2 time overtime. 

December 10, 2014 

Court Order re: Settlement Conference

Settlement Conference set for 1/29/2015 at 10:00 A.M. in Miami, FL

 

 

 


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Client Testimonials

"I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber Law Firm did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know."

- L. LeHeup, Georgia