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Employment

Synergies3 TEC Services

Jackson et al. v. Synergies3 TEC Services, LLC Court File No. 4:19-cv-00178 (Eastern District of Missouri)
Overland et al. v. Syneriges3 TEC Services, LLC Court File No. 5:20-cv-00447-FB (Western District of Texas)

On February 4, 2019, we filed the Jackson case against Synergies3 TEC Services, LLC (“Synergies”) in the Eastern District of Missouri on behalf of installation technicians who were classified by Synergies as “independent contractors” and not paid overtime pay for the overtime hours they worked.  The case was filed as a collective action under the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), and as a class action under Missouri and Illinois state laws.  The Plaintiffs seek unpaid overtime compensation and double damages.

On April 9, 2020, we filed the Overland case against Synergies in the Western District of Texas.  This case was also filed on behalf of installation technicians who were classified by Synergies as “independent contractors” and not paid overtime for the overtime hours they worked.  The case was filed as a collective action under the federal FLSA.  The Plaintiffs seek unpaid overtime compensation and double damages.

The Overland case was filed to ensure that all installation technicians who are interested in pursuing their overtime claims against Synergies are able to do so.  Although the deadline to join the Jackson case has passed, independent contractor installation technicians who worked for Synergies since April 9, 2017 are eligible to join the Overland case. The Amended Complaint alleges that installation technicians were paid by piece-rate or per job only and did not receive any overtime compensation as a result of Synergies’ unlawful practice of classifying them as independent contractors. 

Nichols Kaster has partnered with attorneys Mark Potashnick from Weinhaus & Potashnick, Eli Karsh from Lieberman, Goldstein & Karsh, and Benjamin Westhoff from Sedey Harper Westhoff, P.C. on these cases.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

If you worked for Synergies within the past three years as an installation technician, were classified as an “independent contractor,” and worked overtime hours, you may be eligible to make a claim for unpaid overtime compensation. 

Additional Information

How Do I Join This Case?

To join others in making a claim for overtime compensation under federal law, you must complete a Plaintiff Consent form.  This form will be filed with the Court. To complete and submit the form electronically, click here.

There is also a possibility the Court will certify this case as a class action under Missouri and/or Illinois state laws.  If that happens, eligible installation technicians will be notified and will automatically be included in this case unless they “opt out.” 

What Time Frame Does This Case Cover?

There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove Synergies willfully violated the law, the statute of limitations may be extended to three years.

Do I Have to Pay Anything?

No, you will not have to pay us anything out of your own pocket.  We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award. 

How Do I Prove the Overtime Hours I Worked?

If you have records relating to your work with Synergies, please keep them until we ask you for them.  However, you do not need to have records of your work hours to make a claim. If Synergies did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours.  We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Synergies.

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 suffer retaliation, you may have additional claims. If you work for Synergies and you believe you may be the victim of retaliation for joining this lawsuit, our case clerk, Julia McGuire, at jmcguire@nka.com or call (612) 256-3267.

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 participating in the lawsuit.

How Can I Help?

If you know of any installation technicians who may be interested in making a claim for unpaid overtime, they should contact us to determine whether they may be eligible to make a claim.

How Do I Learn More?

To learn more about this case feel free to contact the case clerk, Julia McGuire, at jmcguire@nka.com or call (612) 256-3267.

Case Updates

  • January 13, 2020

    Synergies3 TEC Case Update

    As a result of notice of this lawsuit being distributed to potential class members, over 200 installation technicians have joined this case! The parties are in the process of discussing the next steps for the case including setting deadlines for discovery, i.e., the phase of the case where parties exchange information relating to their arguments and defenses, and pre-trial motion practice.

    It is critical for us to be able to reach you during the discovery phase. Therefore, please make sure that your contact information is up to date with our office. You can contact the case clerk, Louis Hunter, to update your contact information or with any questions you may have. Louis may be reached at 612-256-3224 or lhunter@nka.com.

  • November 14, 2019

    Synergies3 TEC Case Update

    On October 29, 2019 the Court conditionally certified this case as a nationwide collective action.  In the coming weeks we will be sending a Notice of Lawsuit to other Installation Technicians who have not yet joined the case but were also classified as independent contractors and worked for Synergies3 in the past three years.

    Please contact the case clerk, Louis Hunter, with any questions at lhunter@nka.com or 612-256-3224.

  • February 5, 2019

    Installation Technicians Represented by Nichols Kaster, PLLP File Overtime Lawsuit Against Synergies3 TEC Services, LLC

    Former installation technicians who worked for Synergies3 TEC Services, LLC (“Synergies”) filed a lawsuit on February 4, 2019, alleging violations of federal and state overtime laws.  The workers brought the case on behalf of themselves and all other similarly situated installation technicians nationwide who worked for Synergies as “independent contractors.” 

    The Complaint alleges that Synergies paid the independent contractor installation technicians by piece-rate or per job only and denied them overtime wages for the hours they worked over forty (40) per week.  The workers further allege that Synergies purposefully classified its installation technicians as independent contractors to avoid paying overtime wages in violation of under federal and state law.  The lawsuit was filed as a collective action under the federal Fair Labor Standards Act and as a class action under Missouri and Illinois state laws.  The workers seek unpaid overtime compensation and double damages. 

    Plaintiffs' attorney Rachhana T. Srey of Nichols Kaster, PLLP explained, “independent contractor misclassification is common, particularly in the cable/satellite TV installation industry.  These workers typically work long hours and deserve to be paid for their overtime hours.”  

    Plaintiffs are represented by Rachhana T. Srey and Jay E. Eidsness from Nichols Kaster, PLLP, Mark Potashnick from Weinhaus & Potashnick, Eli Karsh from Lieberman, Goldstein & Karsh, and Benjamin Westhoff from Sedey Harper Westhoff, P.C.  The case is entitled, Jackson et al. v. Synergies3 TEC Services, LLC No. 4:19-cv-00178 (Eastern District of Missouri).

    Additional information about how to make a claim for overtime pay in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492, ext. 224. 

    Photo by Pinho . on Unsplash

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