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Employment

BluJay Solutions, Inc.

Tooker, et al. v. BluJay Solutions Inc.
Case No. 1:22-cv-00455 (Western District of Michigan)

On May 20, 2022, we 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 with 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 others.

Our firm has partnered with Benjamin L. Davis of The Law Offices of Peter T. Nicholl in Baltimore, Maryland in representing the plaintiffs in this case.

Type of Case

Unpaid Overtime

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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.

Additional Information

Is This a Class Action? What Does that Mean?

This case is a potential 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. To proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file a motion at the appropriate time asking the Court to grant conditional certification.

Which Locations Are Included?

This case seeks to include all Logistics Coordinators who work or have worked for BluJay anywhere in the country within the past three years. 

How Do I Join This Case?

To make a claim in this case for any unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.

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.

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.

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.

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, Julia McGuire at (612) 256-3267 or jmcguire@nka.com immediately.

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.

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.

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 case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com to sign up.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Julia McGuire, at (612) 256-3267 or jmcguire@nka.com.

Case Updates

  • 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 titled Tooker, 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 (612) 256-3267.

    Photo by Fotis Fotopoulos on Unsplash

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