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Employment

Tyler Technologies

Kudatsky, et al v. Tyler Technologies
Case No. 3:19-cv-07647 (Northern District of California)

On November 20, 2019, we filed an overtime lawsuit on behalf of Implementation Reps (which includes Implementation Coordinators, Implementation Consultants, or other positions with similar titles and/or duties) against Tyler Technologies. The Complaint alleges that Tyler Technologies misclassified its Implementation Reps as exempt and therefore denied them overtime pay. Tyler Technologies develops and creates software solutions for thousands of public sector clients including cities, states, counties, federal agencies, and school districts across the United States.

The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”), and as a class action under California law, seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and others who join the case.

Our firm has partnered with attorneys Benjamin L. Davis and Michael Brown of The Law Offices of Peter T. Nicholl in Baltimore, Maryland in representing the plaintiffs in this case.

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?

You are eligible to make a federal law claim in this case if you worked for Tyler Technologies as an Implementation Rep (which includes Implementation Coordinators, Implementation Consultants, or other positions with similar titles and/or duties) at any time within the past three years in any state, and were not paid an overtime premium for the hours you worked over 40 per week. 

Do I Have a Qualifying State Law Claim?

You may have a claim under state law if you worked for Tyler Technologies in California as an Implementation Rep (which includes Implementation Coordinators, Implementation Consultants, or other positions with similar titles and/or duties) at any time within the past four years. 

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential 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.

Though 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 Implementation Reps that work or have worked for Tyler Technologies anywhere across the country within the past three years. 

How Do I Join This Case?

In order make a claim in this case for your 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?

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 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 Tyler Technologies 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 Tyler Technologies 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 Tyler Technologies and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Louis Hunter at (612) 256-3224 or lhunter@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 Implementation Reps interested in making a claim for unpaid overtime, they should contact the case clerk, Louis Hunter, at (612) 256-3224 or lhunter@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, Louis Hunter, at (612) 256-3224 or lhunter@nka.com.

Case Updates

  • November 22, 2019

    Implementation Consultant Represented by Nichols Kaster, PLLP and The Law Offices of Peter T. Nicholl Files Overtime Case Against Tyler Technologies

    On November 20, 2019, an implementation representative filed an overtime lawsuit against Tyler Technologies.  He asserts individual claims and claims on behalf of other similarly situated implementation representatives, including “Implementation Consultants,” “Implementation Coordinators,” and other positions with similar titles and/or duties. The defendant, Tyler Technologies, develops and creates software solutions for thousands of public sector clients including cities, states, counties, federal agencies, and school districts across the United States. Tyler’s implementation reps primarily provide on-site and remote services to Tyler’s clients during the software or application implementation process, including assisting with setting up applications, gathering information from clients regarding data conversion, assisting with the roll-out process and providing training to the client. The Complaint alleges that Tyler Technologies misclassified its implementation representatives as exempt and improperly denied them overtime pay when they worked overtime hours.

    The plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”), and as a class action under California state law, seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for himself and others.

    Rachhana T. Srey, one of the plaintiff’s attorneys stated, “there is common misconception in the workplace that just because an employee is paid a salary, they are not eligible for overtime pay. Yet, misclassification cases, like this one, continue to be filed weekly around the country. Many employees who work in the software industry should be paid overtime even if they are paid by salary, if their primary job simply does not fit any of the exemptions.”

    Plaintiff is represented by Rachhana T Srey of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Benjamin L. Davis and Michael Brown of the Law Offices of Peter T. Nicholl in Baltimore, Maryland.  The case is entitled, Kudatsky, et al. v. Tyler Technologies, Case No. 3:19-cv-07647 (Northern District of California).

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

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