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Employment

DSV Air & Sea, Inc.

Kelly and Boardman, et al v. DSV Air & Sea, Inc.
Case No. 2:20-cv-01204 (District of New Jersey)

On February 4, 2020, we filed a lawsuit against DSV Air & Sea, Inc. (“DSV”) on behalf of Ocean Import Agents. The Plaintiffs assert claims on behalf of themselves and other similarly situated individuals, including Ocean Export Agents, Air Import Agents, Air Export Agents, Customer Service Agents, and other positions with similar titles and/or duties (collectively “Agents”). DSV is a logistics and transportation service company, providing supply chain solutions to thousands of other companies throughout the United States. DSV’s Agents primarily track and trace DSV’s customers’ goods throughout the customers’ supply chain (transportation, storage, packaging/re-packaging, and processing), communicating with customers regarding the status of shipments and deliveries. The Complaint alleges that DSV misclassified its Agents as exempt and improperly denied them overtime pay when they worked overtime hours.

The Plaintiffs 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 themselves and others.

Our firm has partnered with attorneys Benjamin L. Davis of The Law Offices of Peter T. Nicholl in Baltimore, Maryland and Patricia Barasch of Schall & Barasch, LLC in New Jersey (as local counsel) in representing the plaintiffs in this case.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You may be eligible to make a federal law claim in this case if you worked for DSV at any time within the past three years in any state as an Ocean Import Agent, Ocean Export Agent, Air Import Agent, Air Export Agent, Customer Service Agent, or other position with similar titles and/or duties, and were not paid an overtime premium for the hours you worked over 40 per week. Because this is a proposed collective action, the court will later decide whether the case may proceed as a group (or "collective") and whether you remain eligible to stay in the case. Further, the court has not yet determined whether DSV violated the law.

If you are interested in joining this case, see the “Additional Information” tab on this webpage.

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 is 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 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 Agents that work or have worked for DSV anywhere across the country within the past three years. 

How Do I Join This Case?

In order to make a claim in this case for any alleged unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. Please contact the case clerk, Abby Sokolowski, at (612) 256-3260 or asokolowski@nka.com, to obtain an electronic version of the consent form to sign and join the case or to receive more information. You do not have to join this lawsuit to assert an overtime claim against DSV. You have the right to contact other counsel and file your own lawsuit.

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 DSV intentionally or recklessly violated the law, then 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 DSV 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 DSV and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Abby Sokolowski at (612) 256-3260 or asokolowski@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 Agents interested in making a claim for unpaid overtime, they should contact the case clerk, Abby Sokolowski, at (612) 256-3260 or asokolowski@nka.com to sign up.  There is strength in numbers. 

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Abby Sokolowski, at (612) 256-3260 or asokolowski@nka.com.

Case Updates

  • February 10, 2020

    Import Agents Represented by Nichols Kaster, PLLP and The Law Offices of Peter T. Nicholl File Overtime Case Against DSV Air & Sea, Inc.

    On February 4, 2020, Ocean Import Agents filed an overtime lawsuit against DSV Air & Sea, Inc. ("DSV"). They assert claims on behalf of themselves and other similarly situated individuals, including Ocean Export Agents, Air Import Agents, Air Export Agents, Customer Service Agents, and other positions with similar titles and/or duties (collectively "Agents"). DSV is a logistics and transportation service company, providing supply chain solutions for thousands of companies throughout the United States. DSV's Agents primarily track and trace DSVs' customers' goods throughout the customers' supply chain (transportation, storage, packaging/re-packaging, and processing) and communicate with customers regarding the status of shipments and deliveries. The Agents regularly work overtime hours and are paid a salary with no extra pay for their overtime hours. The Complaint alleges that DSV misclassified its Agents as exempt from the Fair Labor Standards Act's ("FLSA") overtime protections, and improperly denied them overtime pay.

    The plaintiffs brought the case as a putative collective action under the FLSA seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for themselves and other similarly situated Agents.

    Rachhana T. Srey, one of the plaintiffs' attorneys stated, "We strongly believe that our clients and other Agents like them who spend their workday tracking freight are misclassified as exempt. Our clients worked a lot of extra hours and deserve to be properly paid for them."

    Plaintiffs are represented by Rachhana T. Srey and Reena I. Desai of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Benjamin L. Davis of the Law Offices of Peter T. Nicholl in Baltimore, Maryland. The case is entitled, Kelly and Boardman, et al. v. DSV Air & Sea, Inc., Case No. 2:20-cv-01204 (District of New Jersey).

    Additional information about the case and how Agents can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492 ext. 260.

    Photo by Andy Li on Unsplash

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