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Employment

Brightwheel

Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel
Case No. 4:22-cv-08863 (Northern District of California)

On December 15, 2022, an inside sales representative filed a putative collective action against DSSV, Inc., d/b/a Brightwheel for unpaid overtime. He brought the case on behalf of himself and other inside sales representatives, account executives, and sales development representatives who were responsible for selling Brightwheel’s subscriptions to its childcare management platform used by childcare centers and preschools.

The Complaint alleges that Brightwheel misclassified inside sales representatives as exempt from the Fair Labor Standards Act’s overtime protections, and improperly denied them overtime pay. It seeks to hold Brightwheel accountable to these workers for unpaid overtime premium pay for up to three years, liquidated (double) damages, and other statutorily permitted relief.

Our firm has partnered with Charles Scalise of Ross Scalise Law Group in Austin, Texas, in representing the plaintiffs.

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 Brightwheel at any time within the past three years as an inside sales representative, 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 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 inside sales representatives who work or have worked for Brightwheel 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.

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 consent form referenced above. If we can prove that Brightwheel 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 Brightwheel 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 believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Ignasi Dorca at (612) 256-3224 or idorca@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 inside sales representatives who are interested 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, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com to sign up.

How Do I Learn More?

To learn more, contact the case clerk, Ignasi Dorca, at (612) 256-3224 or idorca@nka.com.

Case Updates

  • December 20, 2022

    Inside Sales Representative Brings Overtime Case Against Brightwheel

    On December 15, 2022, an inside sales representative filed a putative collective action against DSSV, Inc., d/b/a Brightwheel for unpaid overtime. He brought the case on behalf of himself and other inside sales representatives, account executives, and sales development representatives who were responsible for selling Brightwheel’s subscriptions to its childcare management platform used by childcare centers and preschools.

    The Complaint alleges that Brightwheel misclassified inside sales representatives as exempt from the Fair Labor Standards Act’s overtime protections, and improperly denied them overtime pay. It seeks to hold Brightwheel accountable to these workers for unpaid overtime premium pay for up to three years, liquidated (double) damages, and other statutorily-permitted relief.

    Michele R. Fisher, an attorney who represents the workers, stated, “sales jobs are demanding, with goals and expectations that often result in overtime hours worked. We believe that these employees should have been paid an overtime premium when they worked overtime hours and seek to get them fairly compensated under the law.”

    Plaintiffs are represented by Michele R. Fisher and Daniel S. Brome of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Charles Scalise of Ross Scalise Law Group, P.C., in Austin, Texas. The case is entitled, Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel, Case No. 4:22-cv-08863 (Northern District of California).

    Additional information about the case and how inside sales representatives can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP at (877) 448-0492.

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