TouchPoint 360 and E.A. Langenfeld
Case Information:
This is a nationwide Fair Labor Standards Act (FLSA) case involving individuals paid on a day rate basis by TouchPoint 360, LLC and/or E.A. Langenfeld Associates, Ltd (together referred to as “Touchpoint”). The lawsuit claims that TouchPoint paid a number of their workers only a day rate (and an occasional “layover bonus”), with no overtime compensation, regardless of the number of hours those individuals worked in a workweek. It is our position that this payment scheme is illegal under the FLSA because it deprives workers of overtime compensation at time and a half their regular rates of pay for all hours worked over 40 in a workweek.
In the lawsuit, we are requesting lost wages, liquidated (double) damages, injunctive relief, and attorneys’ fees and costs.
Click here to read the Complaint in this case.
Those who wish to join the suit must sign a Consent to Join form. Notices must be returned no later than May 5, 2019.
Status Updates
December 6, 2019 - Judge Approves Settlement Agreement
On December 6, 2019, Judge Lee Yeakel signed an order approving the settlement agreement. You can read the order here.
July 8, 2019 - Time and Pay Records Received
On July 8, 2019, we received the last of the time and pay records for the class members. We have reviewed most, but not all, of the pay records and will reach out to class members if we have any questions for them.
March 21, 2019 - Notices Mailed to Supplemental Notice Recipients.
On March 21, 2019, we mailed Notices to the class members. Those who wish to join the suit must sign a Consent to Join form. Notices must be returned no later than May 5, 2019.
March 19, 2019 - Court Conditionally Certifies a Class and Orders Notice to Supplemental Notice Recipients.
On March 19, 2019, the Court conditionally certified a class of all former and current employees of Touchpoint 360 who were compensated via a project pay compensation structure in the last three years, and it ordered that a class of Supplemental Notice Recipients also receive notice of the overtime lawsuit. You can view the Order here. The Court also ordered that we notify these class members of their right to join the case by sending them a Notice–which you can view here. The Notice informs class members that the parties have preliminary agreed to settle the class members’ FLSA claims in exchange for: (1) a payment equal to 120% of any alleged unpaid overtime for the time period that is two years prior to the date a consent form is filed; (2) a payment equal to 25% of any alleged unpaid overtime for the one-year time period prior to the time period contemplated in (1), above; (3) a payment of $3,750 to Donna Arugu for serving as the named plaintiff in this action; and (4) a payment of $20,000 to the attorneys retained by Donna Arugu to represent the plaintiff class (the “Plaintiff’s Attorneys”) to offset the costs and attorneys’ fees recoverable in this case pursuant to the contingent fee agreement between Donna Arugu and her attorneys. The Notice also informs class members about other important details related to the case.
March 14, 2019 - Additional Class Members Disclosed
On March 14, 2019, TouchPoint produced a list containing additional class members whom it had not disclosed in January, 2019.
March 12, 2019 - Agreement Regarding Disclosure of Additional Class Members
On March 12, 2019, TouchPoint agreed to produce list of additional class members, and the parties withdrew their motions of January 17, 2019 and February 28, 2019. TouchPoint also agreed to permit us to continue using the website the electronic signature functions to assist class members in consenting to join this case should they wish to do so.
March 4, 2019
On March 4, 2019, we filed a supplement to our response to TouchPoint’s January 17, 2019 motion. You can read that supplement here.
February 28, 2019
On February 28, 2019, we filed a Motion to Compel Compliance with the Court’s December 28, 2018 Order. We filed that motion because it had become apparent that TouchPoint had not disclosed all of the potential class members in the case. You can read that motion here.
January 24, 2019
On January 24, 2019, we filed a response to TouchPoint’s January 17 Motion. You can read that response here.
January 17, 2019
On January 17, 2019, TouchPoint filed a Motion asking the Court to require the Plaintiff to remove the website and to remove the electronic signature capability. You can read the motion here.
January 11, 2019- Notices Mailed
On January 11, 2019, we mailed Notices to the class members. Those who wish to join the suit must sign a Consent to Join form. Notices must be returned no later than February 25, 2019.
December 28, 2018 - Court Conditionally Certifies Class and Orders Notice
On December 28, 2018, the Court conditionally certified a class of all former and current employees of Touchpoint 360 who were compensated via a project pay compensation structure in the last three years. You can view the Order here. The Court also ordered that we notify these class members of their right to join the case by mailing them a Notice–which you can view here. The Notice informs class members that the parties have preliminary agreed to settle the class members’ FLSA claims in exchange for: (1) a payment equal to 120% of any alleged unpaid overtime for the time period that is two years prior to the date a consent form is filed; (2) a payment equal to 25% of any alleged unpaid overtime for the one-year time period prior to the time period contemplated in (1), above; (3) a payment of $3,750 to Donna Arugu for serving as the named plaintiff in this action; and (4) a payment of $20,000 to the attorneys retained by Donna Arugu to represent the plaintiff class (the “Plaintiff’s Attorneys”) to offset the costs and attorneys’ fees recoverable in this case pursuant to the contingent fee agreement between Donna Arugu and her attorneys. The Notice also informs class members about other important details related to the case.
December 28, 2018 - Court Stays Decision on Motion to Compel Arbitration
On December 28, 2018, the Court stayed (paused) its decision on Touchpoint’s Motion to Compel Arbitration and Motion to Compel Arbitration based on the parties’ agreement. You can read the Order here.
July 17, 2018 – Touchpoint’s Motion to Compel Arbitration submitted to the Court.
On July 17, 2017, we filed the last of the briefing materials on Touchpoint’s Motion to Compel Arbitration. Click on these links to view our response, Touchpoint’s reply, and our proposed surreply.
May 3, 2018 – Motion for Conditional Class Certification Filed
On May 3, 2018, we filed a motion for conditional class certification and for judicially supervised notice. In the motion, which you can read here, we asked the court to certify a class of individuals that were paid on a day rate basis. We also requested that the Court authorize us to notify all potential class members of this lawsuit and of their ability to join the lawsuit.
