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employment

Tech Mahindra

Kumar v. Tech Mahindra (Americas), Inc.
Court File No. 4:16-cv-00905 (Eastern District of Missouri)

On June 20, 2016, an Amended Complaint was filed in federal court in the Eastern District of Missouri against Tech Mahindra (Americas), Inc. (“Tech Mahindra”). The Complaint alleges that Tech Mahindra unlawfully denied overtime compensation to its software test engineers, software engineers, and other similar job positions that provide computer application and network environment support, by improperly classifying them as exempt from the Fair Labor Standards Act and Missouri state law. The Complaint was filed as a collective action under federal law and as a class action under state law. The Complaint seeks unpaid overtime wages, double damages, and attorneys' fees and costs.

Nichols Kaster, PLLP has partnered with attorney Benjamin F. Westhoff of Sedey Harper Westhoff, P.C. (www.sedeyharper.com) in St. Louis, Missouri in this matter.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

Because this lawsuit makes claims under both state and federal law, you may have a state law claim, federal law claim, or both.

Do I Have a Qualifying State Law Claim?

You may have a claim under Missouri state law if you worked overtime (over 40 hours in a workweek) for Tech Mahindra as a software test engineer, software engineer, or similar position, in Missouri at any time within the past three years.

Do I Have a Qualifying Federal Law Claim?

You are eligible to make a claim in this case under federal law claim (the federal Fair Labor Standards Act (“FLSA”)) if you worked overtime (over 40 hours per week) for Tech Mahindra as a software test engineer, software engineer, or similar job position anywhere in the U.S., at any time within the past three years. In order to make a claim, please complete a consent form (see below) and return it to our office.

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential class action under state law and a potential collective action under federal law.

Though the 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 people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to file motions at the appropriate times asking the Court to grant these class and collective certification.

How Do I Join This Case?

The sign up period for this lawsuit has passed.

What Time Frame Does This Case Cover?

The federal statute of limitations in cases such as this typically allows employees to recover unpaid wages for hours worked within two years of signing up for the lawsuit (three years if we can prove the company willfully violated the law). Missouri state law also allows employees to recover unpaid wages for hours worked over 40 per week for up to three years from the date the Complaint was filed.

Do I Have To Pay Anything?

You do not have to pay anything to our firm out-of-pocket if you join the lawsuit. 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 a settlement, final judgment, or award, and our payment will come only out of that settlement, final judgment, or award.

How Do I Prove I Worked Overtime?

You do not need to have documentary proof of the hours that you worked to make a claim in this case, but if you have such documents, we would like them from you.   Where the employer does not keep accurate time records, most courts permit the employee to make a “good faith” estimate of the overtime hours they worked. During litigation, we will request that Tech Mahindra provide us with any documents or other evidence of your work hours that it has.

How Long Will This Case Take?

The length of lawsuits varies. Cases like this typically last one to two years.

What About Retaliation?

The law protects you from retaliation for asserting your rights: it is against the law to retaliate against a person for joining a lawsuit for unpaid wages. If you suffer retaliation, you may be able to assert additional claims. If you feel you may be the victim of retaliation for participating in this lawsuit, please contact our clerk Will Elsass at welsass@nka.com immediately.

How Can I Help?

There is strength in numbers. If you know anyone who may have a claim, please inform them that they may contact us for more information about this lawsuit. If you have any other information that may assist us with this case, please contact our clerk Will Elsass by email at welsass@nka.com or call toll free at (612) 256-3260.

How Do I Learn More?

To learn more about this case, feel free to contact our clerk Will Elsass by email at welsass@nka.com or call toll free at (612) 256-3260.  You can also review case updates we will post periodically above.

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