Case Updates
December 12, 2023
On October 3, 2023, the Tenth Circuit Court of Appeals issued its ruling
on the interlocutory appeal filed by Defendant in May 2022. In their appeal,
KeyPoint challenged the district-court’s denial of KeyPoint’s
motion to compel arbitration of California state-law claims by some California
Plaintiffs and the certification of the California Rule 23 Class. The
Tenth Circuit reversed the district court’s ruling on arbitration
of California state-law claims and remanded the case back to the District
Court for further consideration of certification of the California Rule
23 Class. The parties are in the process of preparing a plan to move the
case forward, including potential re-briefing on the certification of
the California class. We should have a better idea of the timeline for
any such briefing, and for next steps regarding the rest of the case,
by early next year.
March 14, 2023
KeyPoint Update
In April 2022 KeyPoint filed an interlocutory appeal to the Tenth Circuit
requesting it reverse the district court’s decision to (1) grant
certification of the California state law class and (2) deny KeyPoint’s
motion to compel certain individuals to arbitration. We vigorously opposed
the appeals in both our briefing to the Tenth Circuit, which was completed
in September 2022, and at oral argument in front of the Tenth Circuit
on January 17, 2023. While we are hoping for a decision in the next few
months, we do not have a timeline as to when it will be issued. As we
informed you in May 2022, because of these appeals the judge has “stayed”
the case at the district court level, meaning all proceedings are paused
while the appeals are being decided. We will of course update you as soon
as we have a decision.
April 5, 2022
KeyPoint Government Solutions, Inc. Update
On March 31, 2022, the Court granted final certification of the Fair Labor
Standards Act (“FLSA”) collective, granted Rule 23 class certification
of the California state law class, and denied KeyPoint’s motion
to decertify the FLSA collective. The Court certified the following collective
and class definitions:
FLSA Collective Action: All persons who worked as, or who were hired to be, a Field Investigator,
Background Investigator, or in other position with similar job duties,
for Defendant KeyPoint Government Solutions, Inc. at any time from April
6, 2015 to September 18, 2019.
Rule 23 California Class Action: All persons who worked as, or who were hired to be, a Field Investigator,
Background Investigator, or another position with similar job duties in
the State of California for Defendant KeyPoint Government Solutions Inc.
at any time from March 8, 2014 to present and has not signed an arbitration
agreement prior to March 8, 2018.
The Court agreed with Plaintiffs that this action was appropriate for collective
and class action treatment because Plaintiff investigators share the same
job functions, were subject to the same pay provisions and performance
standards, and that Plaintiffs have asserted that KeyPoint maintained
the same or substantially similar unwritten practice of pressuring them
to engage in off-the-clock overtime work.
July 30, 2020
KeyPoint Case Update
On July 7, 2020, the Court granted our motion to amend the complaint to
add California state law wage and hour claims, including failure to pay
overtime, failure to provide proper meal and rest breaks, failure to timely
pay final wages owed, and failure to provide accurate itemized wage statements.
Our amended complaint [insert link to the attached document] seeks to
represent the following class of California workers:
All persons who worked as, or who were hired to be, a Field Investigator,
Background Investigator, or another position with similar job duties,
in the State of California for Defendant KeyPoint Government Solutions
Inc., at any time within the four (4) years prior to the filing of Plaintiff’s
Complaint.
Our lawsuit is still in the discovery phase. Please remain responsive to
our communications, and update your contact information as needed, as
we continue to pursue your claims.
May 27, 2020
KeyPoint Update
Our case is still moving ahead on schedule. We are finishing up discovery
responses for the last of our clients this month. Then, we will be taking
depositions of various company representatives and field managers, as
well as gathering data and documents/emails from the company to build
our claims. As always, please remain responsive to any and all communications
from our office.
December 5, 2019
KeyPoint Government Solutions, Inc. Case Update
On November 22, 2019, the Notice Period for this case closed, and with
it the deadline to join. Currently, the attorneys on both sides are working
on a scheduling order that will determine deadlines for the remainder
of this case as well as the scope of discovery. As always, please remain
responsive to any and all communications from our office.
September 25, 2019
KeyPoint Government Solutions, Inc. Case Update
Earlier this week, we issued Notice of Lawsuit to current and former Investigators
employed by KeyPoint at any time from April 6, 2015 to the present, who
are not subject to an arbitration agreement.
The Court is currently deciding whether individuals who meet the collective
definition and who signed an arbitration agreement after we filed this
lawsuit on March 8, 2018 may remain in the case or must proceed in individual
arbitration. As of now, the Court allowed us to send Notice of Lawsuit
to these individuals. We will provide an update after the Court issues a ruling.
November 6, 2018
Background Investigators Represented by Nichols Kaster Win Conditional
Certification
The attorneys at Nichols Kaster and The Law Offices of Peter T. Nicholl
are announcing a significant development in an unpaid wage collective
action brought on behalf of background investigators employed by KeyPoint
Government Solutions, Inc. after a federal district court in Colorado
granted the plaintiff’s request for conditional class status.
The case was initially filed in March 2018 by a former background investigator
who had worked for the Colorado-based company covering a territory in
New Jersey. The Plaintiff brought her claims on behalf of herself and
other Field Investigators, Background Investigators, or other positions
with similar job duties, who worked for KeyPoint (who has since merged
with other two other companies to form Perspecta) in any location across
the country. The lawsuit alleged that KeyPoint violated the federal Fair
Labor Standards Act by requiring its investigators to work “off-the-clock”
without receiving proper overtime pay.
In the Court’s November 1, 2018 Order, the Judge found that the plaintiff
had produced sufficient evidence at this stage of the litigation to support
her claim that KeyPoint maintained an unwritten practice of not paying
certain overtime hours, making the case appropriate for collective action
treatment and notice to be sent to others similarly situated. The Court
is permitting the plaintiff to mail and email the notice to all persons
who worked as Field Investigators, Background Investigators, or in positions
with similar job duties, for KeyPoint at any time from March 8, 2015 to present.
Rachhana T. Srey, an attorney representing the investigators stated, “The
Court’s decision is incredibly important and is a major step towards
helping others to try to recover their unpaid wages under the FLSA. All
investigators who meet the class definition, including those who signed
arbitration agreements, will now be informed of this case and their legal
right to make a claim. We are looking forward to representing more investigators
and proving the merits of their claims as we move through the next phase.”
The case is titled
Brayman, et al. v. KeyPoint Government Solutions, Inc., No. 1:18-cv-00550 (D. Colo.) The Plaintiffs are represented by Benjamin
L. Davis, III. and George Swegman at the Law Offices of Peter T. Nicholl
in Baltimore, Maryland, and Rachhana T. Srey of Nichols Kaster, PLLP,
in Minneapolis, Minnesota.
Nichols Kaster, with more than thirty lawyers in offices in Minneapolis
and San Francisco, represents employees and consumers in individual, class,
and collective action lawsuits throughout the country. The firm has recently
received a First Tier ranking on the 2019 Best Law Firms List in Minneapolis
for Litigation-Labor and Employment by
U.S. News-Best Lawyers® “Best Law Firms.”
March 8, 2018
Investigators Represented by Nichols Kaster, PLLP and The Law Offices of
Peter T. Nichol File Nationwide Overtime Case Against KeyPoint Government
Solutions, Inc.
On March 8, 2018, a former KeyPoint Government Solutions, Inc. employee
filed a nationwide collective action lawsuit in the United States District
Court for the District of Colorado to recover unpaid overtime wages. KeyPoint
Government Solutions, Inc. is the largest provider of investigative services
and background screening for the Federal Government and also provides
such services to the intelligence and civilian sectors.
The Plaintiff brings her claims on behalf of herself and other Field Investigators,
Background Investigators, or other positions with similar job duties,
who worked for KeyPoint in any location across the country. Plaintiff
alleges that KeyPoint violated the federal Fair Labor Standards Act when
it failed to pay her and the other similarly situated Investigators for
the overtime hours they worked. The
Complaint also alleges that KeyPoint failed to maintain accurate time records of
the hours Investigators worked and knew that Investigators were working
unpaid overtime hours.
Plaintiff’s attorney Rachhana T. Srey of Nichols Kaster, PLLP explains,
“Given the KeyPoint’s unrealistic productivity requirements,
it is not surprising that Investigators worked unpaid overtime hours.
An employer cannot gain a competitive edge by suffering and permitting
its employees to work overtime hours without properly paying them.”
Plaintiffs are represented by Rachhana T. Srey and Paige C. Fishman of
Nichols Kaster, PLLP (Minneapolis, MN) and Benjamin L. Davis, III and
George E. Swegman of The Law Offices of Peter T. Nichol (Baltimore, MD).
The case is entitled,
Brayman v. KeyPoint Government Solutions, Inc., 1:18-cv-00550 (District of Colorado).
Additional information about how Investigators may make a claim in the
case may be found at
www.nka.com or by calling Nichols Kaster, PLLP toll free at
(877) 344-4628.
