On May 20, 2022, we filed an overtime lawsuit against BluJay Solutions Inc. (“BluJay”). The Complaint alleges that as a Logistics Coordinator, the plaintiff’s primary job duty was to perform non-exempt work. The complaint further alleges that BluJay required Logistics Coordinators to work overtime in order to complete all of their work, but misclassified them as exempt, improperly denying them overtime pay when they worked over forty (40) hours per week. The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and others. Following extensive discovery, both parties moved for summary judgment. On February 2, 2024 the Honorable Judge Jonker issued a decision finding as a matter of law that BluJay/E2open improperly classified Logistics Coordinators in this action as administratively exempt from overtime. Accordingly, all Plaintiffs are entitled to unpaid overtime wages. The only issues left for resolution impact how much overtime BluJay/E2open owes each Plaintiff.
The case is entitled Tooker, et al. v. BluJay Solutions Inc., Case No. 1:22-cv-00455 (Western District of Michigan)
Case Updates
November 10, 2023
The parties filed their final dispositive motion briefing on August 25, 2023, and have an oral argument in front of the judge set for November 17, 2023. Specifically, both sides filed what are called summary judgment motions, asking the court to rule in their favor as a matter of law that the Logistics Coordinators who joined this case are/are not entitled to overtime pay. Defendants also filed a motion asking the court to decertify the case, meaning that each person would be required to proceed individually instead of as a collective. We opposed that motion and asked the court to certify the collective, meaning we would be allowed to proceed forward with the litigation as a group. The parties will need to await a decision from the judge before any next steps are taken.
May 23, 2022
Logistics Coordinator Files Overtime Case Against BluJay Solutions Inc.
On May 20, 2022, a Logistics Coordinator filed an overtime lawsuit against BluJay Solutions Inc. (“BluJay”). The named plaintiff asserts individual claims and claims on behalf of other similarly situated Logistics Coordinators, and employees in other job titles performing similar duties. The Complaint alleges that as a Logistics Coordinator, the plaintiff’s primary job duty was to perform non-exempt work. Plaintiff’s work included tracking and assigning loads using Defendant’s proprietary software system, communicating with Defendant’s customers and carriers about the status of shipments, entering/creating orders (route tenders), processing invoices and charge requests, and providing general customer service. The complaint further alleges that BluJay required Logistics Coordinators to work overtime in order to complete all of their work, but misclassified them as exempt, improperly denying them overtime pay when they worked over forty (40) hours per week.
The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and other Logistics Coordinators.
Rachhana T. Srey, one of the plaintiff’s attorneys, stated, “we believe that misclassification of employees is a common practice in the logistics industry. Employees who primarily perform non-exempt work like the Logistics Coordinators included in this case should be paid overtime even if they are paid by salary. We hope to help them recover the pay that has been withheld from them.”
The case is titledTooker, et al. v. BluJay Solutions Inc., Case No. 1:22-cv-00455 (Western District of Michigan). Plaintiff is represented by Rachhana T. Srey and Clara Coleman of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota, and San Francisco, California.
For additional information about the case and how Logistics Coordinators can make a claim, visit www.nka.com or call Nichols Kaster, PLLP at (877) 344-4628.
Photo by Fotis Fotopoulos on Unsplash
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Frequently Asked Questions
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.
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Am I Eligible?
You may be eligible to make a federal law claim in this case if you worked for BluJay at any time within the past three years as a Logistics Coordinator, or other similar position and were not paid an overtime premium for the hours you worked over 40 per week.
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Is This a Class Action?
This case is a collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims.
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Which Locations Are Included?
This case seeks to include all Logistics Coordinators who work or have worked for BluJay in Michigan with in the last three years.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that BluJay intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. If BluJay did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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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 currently work for BluJay and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson, at bpeterson@nka.com or (612) 256-3259 immediately.
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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 joining the lawsuit.
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How Can I Help?
If you know any Logistics Coordinators interested in making a claim for unpaid overtime, please direct them to this website to fill out a Consent Form. They may also contact the contact the case clerk, Bridget Peterson, at bpeterson@nka.com or (612) 256-3259 to sign up.
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How Do I Learn More?
To learn more about this case, feel free to contact the contact the case clerk, Bridget Peterson, at bpeterson@nka.com or (612) 256-3259.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.