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Employment

Zayo Group, LLC

Dickerson et al. v. Zayo Group, LLC
Case No: 1:20-cv-02490 (District of Colorado)

On August 18, 2020, we filed a lawsuit against Zayo Group, LLC (“Zayo”) on behalf of Service Delivery Coordinators. The Plaintiff asserts claims on behalf of himself and other similarly situated individuals, including Service Delivery Coordinators (“SDCs”), and other positions with similar titles and/or duties. Zayo provides communications infrastructure solutions, including fiber and bandwidth connectivity, colocation, and cloud infrastructure to businesses across the United States. Zayo’s SDCs primarily act as the liaison between Zayo’s teams (sales, internal field, engineering, construction, and installation) and Zayo’s customers, for a service installation and/or an implementation. The Complaint alleges that Zayo misclassified its SDCs 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”) 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 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 Zayo at any time within the past three years in any state as a Service Delivery Coordinator, 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 SDCs who work or have worked for Zayo 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 Zayo 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 Zayo 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 DisplayMax and/or FixtureMax and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Danielle Kahler at (612) 256-3214 or dkahler@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 SDCs interested in making a claim for unpaid overtime, they should contact the case clerk, Paige Dobberstein, at (612) 256-3226 or pdobberstein@nka.com to sign up. 

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Paige Dobberstein, at (612) 256-3226 or pdobberstein@nka.com.

Case Updates

  • August 20, 2020

    Service Delivery Coordinator Files Proposed Overtime Pay Collective Against Zayo Group, LLC

    On August 18, 2020, a Service Delivery Coordinator initiated a putative collective action against employer, Zayo Group, LLC (“Zayo”).  He asserts claims on behalf of himself and other similarly situated individuals, including Service Delivery Coordinators (“SDCs”) and other positions with similar titles and/or duties.  Zayo provides communications infrastructure solutions, including fiber and bandwidth connectivity, colocation, and cloud infrastructure to businesses across the United States.  Zayo’s SDCs primarily act as the liaison between Zayo’s teams (sales, internal field, engineering, construction, and installation) and Zayo’s customers, for a service installation and/or an implementation.  Plaintiff asserts that he and other SDCs regularly work overtime hours and are paid a salary with no extra pay for their overtime hours.  The Complaint alleges that Zayo Group misclassified its SDCs as exempt from the Fair Labor Standards Act’s (“FLSA”) overtime protections, and improperly denied them overtime pay.

    The plaintiff 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 himself and other similarly situated SDCs.  

    Rachhana Srey, one of the plaintiff’s attorneys stated, “We strongly believe that our client and other SDCs like him who spend their workday serving as a liaison between Zayo’s teams and its customers for service installation and/or an implementation are misclassified as exempt.  They worked a lot of extra hours and deserve to be properly paid for them.”

    The Service Delivery Coordinators are represented by Rachhana T. Srey, Reena I. Desai and Daniel S. Brome from 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, Dickerson et al. v. Zayo Group, LLC, Case No.:1:20-cv-02490 (District of Colorado).

    Additional information about how to make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP at (612) 256-3226.

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