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Employment

CACI International, Inc.

Pittmon and MacKay et al. v. CACI International, Inc. and CACI, Inc. - Federal
Case No. 2:21-cv-02044 (C.D. Cal.)

On March 5, 2021, we filed an overtime lawsuit against CACI International, Inc. and CACI, Inc. – Federal (“CACI”) on behalf of. background investigators. The Complaint alleges that CACI violated the federal Fair Labor Standards Act, and California law, when it failed to pay background investigators for the overtime hours they worked. More specifically, it alleges that CACI assigned a heavy workload to its background investigators and imposed strict production metrics that led them to work unpaid overtime. Background investigators assert that CACI’s policies and procedures discouraged them from recording all their overtime hours worked, even though CACI knew that background investigators were working more time than they recorded. The lawsuit also alleges that CACI failed to maintain accurate time records, did not provide complete and accurate wage statements, and failed provide compliant meal and rest periods and wages owed at separation under California law.

Plaintiffs are pursuing the case as a collective action under the federal Fair Labor Standards Act (“FLSA”) for workers across the country, and as a putative class action for California workers under California state law. Plaintiffs seek to recover unpaid overtime compensation, liquidated (double) damages, premium pay for missed meal and rest breaks (for CA workers), and other statutorily permitted relief.

Our firm is partnered on this matter with attorneys Benjamin L. Davis of The Law Offices of Peter T. Nicholl in Baltimore, Maryland and Jason C. Marsili of Rosen Marsili Rapp, LLP in Los Angeles, California.

Type of Case

Unpaid Overtime

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Am I eligible?

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

Do I Have a Qualifying Federal Law Claim?

The Court authorized background investigators who worked for CACI at any time within the past three years, in any state, to make a claim for any unpaid overtime. However, the deadline to make a claim in this case has passed. 

Do I Have a Qualifying State Law Claim?

You may have a claim under California state law if you worked for CACI in California as a background investigator at any time within the past four years. Whether additional California workers are added to this case to pursue a claim under California state law will depend on the Court’s ruling on a pending motion for class certification. 

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a collective action under federal law and a potential class action under California state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Although the process and 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 similarly situated 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 seek the company’s agreement or file the motions at the appropriate times asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all background investigators that work or have worked for CACI anywhere across the country within the past three years (and four years if in Caliofrnia). 

How Do I Join This Case?

To make a claim in this case for your unpaid overtime under the FLSA, the federal law, you must have previously submitted a consent form to our office. The deadline to make a claim under the federal FLSA in this case has passed.  However, additional California workers may be included if the Court grants our pending motion for certification of this case as a class action under California law.

What Time Frame Does This Case Cover?

Each type of federal and state law 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 limitations 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 CACI intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.

The law provides for recovery for up to four years from the date the lawsuit was filed for certain California state law claims.

Do I Have to Pay Anything?

You do not have to pay anything if you join to recover your pay. 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. If CACI 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 CACI and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Christina Houston, at (612) 256-3238 or chouston@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 have evidence that CACI knew or should have known that background investigators were working overtime they did not record please let us know.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Christina Houston, at (612) 256-3238 or chouston@nka.com.

Case Updates

  • March 15, 2022

    CACI International, Inc. Update

    The deadline for workers to make a claim in this case for unpaid overtime under the federal Fair Labor Standards Act has passed. However, additional California workers may be included if the Court grants our pending motion for certification of this case as a class action under California law.

    Over 300 background investigators from around the country have joined the case, asserting they were denied overtime pay. We are currently in the discovery stage, where the parties try to discovery information from each other about their claims and defenses.

  • October 28, 2021

    CACI International, Inc. Update

    On August 27, 2021, the Court granted our motion to send notice of this action to CACI Background Investigators, giving them the opportunity to join if they haven’t already done so. On September 28, 2021 that notice was mailed. The deadline to join and make a claim for unpaid overtime is December 27, 2021.

  • March 8, 2021

    Background Investigators File Overtime Case Against CACI International, Inc.

    On March 5, 2021, two former background investigators filed an overtime lawsuit against CACI International, Inc. and CACI, Inc. – Federal (“CACI”).  They assert claims on behalf of themselves and other background investigators.  CACI is one of the largest background investigation firms in the world, with its primary customers being agencies and departments of the U.S. government.  CACI’s background investigators are responsible for conducting interviews to collect information on background, reputation, character suitability and qualifications. The information is used by others in determining employment suitability of persons who require access to sensitive or classified U.S. government information.

    The Complaint alleges that CACI violated the federal Fair Labor Standards Act, and California law, when it failed to pay Plaintiffs and the other background investigators for the overtime hours they worked. More specifically, it alleges that CACI assigned a heavy workload to its background investigators and imposed strict production metrics that led them to work unpaid overtime. Background investigators assert that CACI’s policies and procedures discouraged them from recording all their overtime hours worked, even though CACI knew that background investigators were working more time than they recorded. The lawsuit also alleges that CACI failed to maintain accurate time records, did not provide complete and accurate wage statements, failed provide compliant meal and rest periods under California law, and denied wages owed at the time of separation.

    Plaintiffs brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) and as a putative class action under California state law seeking to recover unpaid overtime compensation, liquidated (double) damages, premium pay for missed meal and rest breaks, and other statutorily-permitted relief.

    Michele R. Fisher, one of the plaintiff’s attorneys stated, “When companies knowingly subject their employees to metrics that demand more time worked than paid, employees have rights under the law to recover that pay, along with other penalties. We seek to hold CACI accountable for not paying its background investigators for all their time worked.”

    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, Benjamin L. Davis of the Law Offices of Peter T. Nicholl in Baltimore, Maryland, and Jason C. Marsili of Rosen Marsili Rapp, LLP in Los Angeles, California. The case is entitled, Pittmon and MacKay et al. v. CACI International, Inc. and CACI, Inc. - Federal, Case No. 2:21-cv-02044 (Central District of California).

    Additional information about the case and how background investigators can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492 ext. 238.

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