On March 8, 2018, we along with our co-counsel, The Law Offices of Peter T. Nicholl in Baltimore, MD, filed a lawsuit on behalf of Field Investigators, Background Investigators, and others in a similar position against KeyPoint Government Solutions, Inc. The Complaint alleges that KeyPoint failed to pay its Investigators proper overtime compensation when they worked over forty (40) hours in a workweek. The Complaint also alleges that Investigators regularly worked over forty (40) hours each workweek to meet KeyPoint’s production requirements, and that KeyPoint failed to maintain accurate record of the hours Investigators worked. Plaintiff seeks to recover unpaid overtime compensation, liquidated damages, and other statutorily-permitted relief for herself and other Investigators.
This case is entitled Brayman v. KeyPoint Government Solutions, Inc., Court File No. 1:18-cv-0050
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.
Attorneys
Staff
Frequently Asked Questions
-
How Do I Join This Case?
In order to make a claim under the federal Fair Labor Standards Act (FLSA), you must complete a consent form and return it to our office. You can also fill out the form online by clicking here.
-
Am I Eligible?
This case includes any individual who works or worked for KeyPoint Government Solutions, Inc. as a Field Investigator, Background Investigator, or in other positions with similar job duties from April 6, 2015, to the present.
This case does not include Investigators who worked for KeyPoint as independent contractors.
-
Which Locations Are Included?
This case includes Field Investigators, Background Investigators, and employees performing similar job duties for KeyPoint anywhere across the country including working from home.
-
What Time Frame Does This Case Cover?
There is a federal time limit, called a statute of limitations, that allows an employee to recover unpaid wages for overtime hours worked within two years of the employee signing up to join the lawsuit by completing the consent form referenced above. If we can prove that KeyPoint willfully violated the law, the statute of limitations may be extended to three years.
-
Do I Have To Pay Anything?
You do not have to pay anything to our firm if you join the lawsuit. 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 a final judgment, and that payment will only come out of that settlement or final judgment.
-
How Do I Prove I Worked Overtime?
If you do have records, please preserve and keep them until we ask you for them, but you do not need to have records of your work hours to participate in this case. If KeyPoint 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 may have of your hours worked through this lawsuit.
-
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 against your employer. If you currently work for KeyPoint and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact us 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 participating in the lawsuit.
-
How Can I Help?
Right now, we are hoping to talk to as many KeyPoint Investigators as possible to learn more about the claims. If you work or worked as an Investigator or have information regarding Investigators at KeyPoint, you can contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com.
-
How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.