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Import Agents Represented by Nichols Kaster, PLLP and The Law Offices of Peter T. Nicholl File Overtime Case Against DSV Air & Sea, Inc.

On February 4, 2020, Ocean Import Agents filed an overtime lawsuit against DSV Air & Sea, Inc. ("DSV"). They assert claims on behalf of themselves and other similarly situated individuals, including Ocean Export Agents, Air Import Agents, Air Export Agents, Customer Service Agents, and other positions with similar titles and/or duties (collectively "Agents"). DSV is a logistics and transportation service company, providing supply chain solutions for thousands of companies throughout the United States. DSV's Agents primarily track and trace DSVs' customers' goods throughout the customers' supply chain (transportation, storage, packaging/re-packaging, and processing) and communicate with customers regarding the status of shipments and deliveries. The Agents regularly work overtime hours and are paid a salary with no extra pay for their overtime hours. The Complaint alleges that DSV misclassified its Agents as exempt from the Fair Labor Standards Act's ("FLSA") overtime protections, and improperly denied them overtime pay.

The plaintiffs 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 themselves and other similarly situated Agents.

Rachhana T. Srey, one of the plaintiffs' attorneys stated, "We strongly believe that our clients and other Agents like them who spend their workday tracking freight are misclassified as exempt. Our clients worked a lot of extra hours and deserve to be properly paid for them."

Plaintiffs are represented by Rachhana T. Srey and Reena I. Desai of 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, Kelly and Boardman, et al. v. DSV Air & Sea, Inc., Case No. 2:20-cv-01204 (District of New Jersey).

Additional information about the case and how Agents can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492 ext. 260.

Photo by Andy Li on Unsplash