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Employment

OpSec Security, Inc.

Hanigan et al. v. OpSec Security, Inc. and OpSec Online, LLC
Case No. 1:22-cv-00064-REP (District of Idaho)

On February 16, 2022, we filed an overtime lawsuit against OpSec Security, Inc. and OpSec Online, LLC (“OpSec”).  The named plaintiff asserts individual claims and claims on behalf of other similarly situated Brand Analysts, Sr. Brand Analysts, and employees in other positions with similar titles and/or duties.  The Complaint alleges that the plaintiff’s primary duty was non-exempt work, and that this was true for other similarly situated Brand Analysts. Plaintiff’s work included reviewing potentially illegitimate activity on the internet for Defendants’ clients, including but not limited to counterfeit goods, traffic diversion, and misuse of trademark or copyright rights. The Complaint alleges that Plaintiffs and other similarly situated employees followed specific processes, procedures, and workflows to review content identified by OpSec’s software and create template response letters and/or emails. The complaint further alleges that OpSec required Brand Analysts 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 herself and others.

Our firm has partnered with attorneys Benjamin L. Davis of The Law Offices of Peter T. Nicholl in Baltimore, Maryland and Erika Burch of Strindberg Scholnick Birch Hallam Harstad Thorne in Boise, Idaho 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 OpSec at any time within the past three years as a Brand Analyst, Sr. Brand Analyst, 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. 

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. 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 Brand Analysts who work or have worked for OpSec anywhere across 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 OpSec 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 OpSec 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 OpSec 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 Brand Analysts interested in making a claim for unpaid overtime, they should 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

  • April 27, 2022

    OpSec Security, Inc. Case Update

    On April 25, 2022, we filed our motion for court authorized notice. Through this motion, we are seeking to send a court-authorized notice of the lawsuit to all eligible brand analysts who meet the collective definition. We cannot be certain when the court will rule on this, but we will continue to keep you updated. In the meantime, please keep your contact information up to date in the event we need to contact you. If you have any questions or need to update your contact information please reach out to  Julia McGuire at jmcguire@nka.com  or 612-256-3267.

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