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Examination Management Services, Inc. (EMSI) Case Update

Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP
Posted on Nov 29, 2012

Case Update: November 29, 2012

This case is certified as collective action. Virtual workers must sign a consent form to join.

Join Here>

 

Read Notice of Rights Here> 

We answer these frequently asked questions below:

  1. What is the EMSI lawsuit about?     Examination Management Services, Inc. (ESMI) logo                                                                
  2. What are we claiming to recover?                                                  
  3. How do I join this case?
  4. Do I have to pay anything?
  5. Who is eligible to join the EMSI lawsuit?
  6. What time frame is covered?
  7. How do I prove how much I am owed?
  8. Will I be fired for joining this lawsuit?
  9. Which Locations are Included?
  10. How do I get more information about the EMSI case?

1. What is the EMSI lawsuit about?

On September 30, 2011, an EMSI virtual caseworker filed a federal wage lawsuit on behalf of all virtual caseworkers at all of the EMSI offices. The EMSI employees regularly worked more than 40 hours a week as an on-site and/or virtual caseworker and were only compensated by commission. They were not paid at a minimum wage rate as required under the Fair Labor Standards Act (FLSA). The lawsuit claims that EMSI misclassified the caseworkers as exempt from overtime pay and illegally denied them their overtime wages due under the Fair Labor Standards Act (FLSA). Caseworkers were also not compensated one-and-one-half times the regular pay rate for all hours worked over forty in a workweek. The employees who filed the lawsuit claim that other caseworkers were paid under the same compensation system and should have the right to join the lawsuit to make a claim for back wages. EMSI caseworkers also were required to pay out of pocket for expenses like internet and phone use, which were both required for their work from home.

The lawsuit was filed as a "collective action," which means that only employees who sign a consent form and join the lawsuit will be part of the lawsuit.

2. What are we claiming to recover?

The lawsuit seeks all unpaid overtime, time worked "off the clock" without compensation, double damages under the liquidated damages provision of the FLSA, and payment of attorneys' fees by EMSI.

3. How do I join this case?

To make a claim in this action under federal law, you must complete a consent form and return it to us for filing with the Court.

4. Do I have to pay anything?

We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through either a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.

5. Who is eligible to join the EMSI lawsuit?

This case is a nationwide collective action concerning caseworkers, current and former, virtual and on-site who were commissioned paid. If you would like to join the suit or get more information, call our office toll-free at 888-449-2068.

6. What time frame is covered?

There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within three (3) years of joining the lawsuit by completing a consent form and returning it to us.

7. How do I prove how much I am owed?

When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.

8. Will I be fired for joining this lawsuit?

It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include: terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit. 

The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for EMSI and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.

9. Which locations are included?

EMSI operates in various locations throughout Texas including Waco and Irving and the lawsuit alleges that the wage violations took place throughout the United States.

10. How do I get more information about the EMSI case?

If you would like more information that about this case, please contact the attorneys at our firm assigned to prosecute this case: Galvin Kennedy (gkennedy@kennedyhodges.com) and Beatriz Sosa-Morris (bsosamorris@kennedyhodges.com), or call our office toll free at 1-888-449-2068.

Case Update: November 28, 2012

We are happy to announce that this case has been settled. We will file the settlement documents this week for final approval by the court. Under the terms of the settlement agreement, virtual caseworkers who were paid commissions while working for EMSI from May 29, 2009 until December 24, 2012 are eligible to participate in the settlement fund.  To participate, such workers must sign and send a consent form (see link below) to Kennedy Hodges, LLP. Virtual caseworkers who do not sign the consent form will not receive any portion of the settlement fund.  

 Consent form to claim settlement fund 

The settlement calls for EMSI to pay into a Total Settlement Fund $153.50 per week worked in the period above for every worker who joins the lawsuit.  For example, a worker who joins this lawsuit and who was employed from January 1, 2011 until December 24, 2012, would mean that EMSI would have to pay $15,810.50 into the Total Settlement Fund (103 weeks X $153.50).

A percentage of the Total Settlement Fund will be paid as attorneys’ fees.  The remaining amount of the Total Settlement Fund will then be distributed to all of the workers who joined the lawsuit proportionately according to the number of weeks each person worked. 

The Notice of Rights that was mailed out earlier can be viewed here.          

 DEADLINE TO CLAIM YOUR SHARE OF THE SETTLEMENT FUND IS DECEMBER 20, 2012 

If you have questions please email the attorney assigned to work on this case: Galvin Kennedy (gkennedy@kennedyhodges.com) and Beatriz Sosa-Morris (bsosamorris@kennedyhodges.com), or call our office toll free at 1-888-449-2068.

Case Update: October 4, 2011

Commissioned caseworkers sue their employer, Examination Management Services, Inc. (EMSI) for overtime wages. Examination Management Services, Inc.'s pay practice violates FLSA, according to the claims in this overtime lawsuit. 

The alleged wage violations include:

  • Caseworkers who worked more than 40 hours a week as an on-site and/or virtual caseworker for Examination Management Services Inc. during the last three years.
  • Caseworkers compensated solely on commissions.
  • Caseworkers required to pay out of pocket for expenses like internet and phone use.
  • Caseworkers not compensated one-and-one-half times the regular pay rate for all hours worked over forty in a workweek.

Does this affect me?

This case is a nationwide collective action concerning caseworkers, current and former, virtual and on-site who were commissioned paid. If you would like to join the suit or get more information, call our office toll-free at 888-449-2068.

What the employees want to recover:

The lawsuit seeks all unpaid overtime, time worked "off the clock" without compensation, double damages under the liquidated damages provision of the FLSA, and payment of attorneys' fees by EMSI.

Where to go for questions:

Galvin Kennedy and Beatriz Sosa-Morris of Kennedy Hodges, LLP are the lead attorneys representing the workers in the lawsuit. You may contact them by email or phone:

Galvin Kennedy (gkennedy@kennedyhodges.com)
1-888-449-2068

Beatriz Sosa-Morris (bsosamorris@kennedyhodges.com)
1-888-449-2068

If you aren't receiving your FLSA overtime pay, contact our wage lawyers for a free case review at 1-888-449-2068.You can also order our free book, The 10 Biggest Mistakes that can Hurt Your Wage and Overtime Claim to learn how to take action.