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.