On July 19, 2022, an implementation consultant filed an overtime lawsuit against PayCor, Inc. He asserts individual claims and claims on behalf of other similarly situated implementation consultants (“ICs”), including associate implementation consultants and other positions with similar positions. The defendant, PayCor, creates Human Capital Management software. Specifically, it provides an online platform which includes payroll management, human resources, timekeeping, tax filing and compliance, applicant tracking, onboarding, and other software solutions to businesses of all sizes. PayCor’s ICs primarily provide services to PayCor’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 PayCor misclassified its ICs 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 Ohio 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, “our firm is very familiar with the type of work that implementation consultants perform and firmly believe that they have been commonly misclassified by employers for years. We are resolved to continue the fight for their unpaid wages.”
The plaintiff and the putative group of other similar implementation consultants are represented by Rachhana T. Srey and Daniel S. Brome of Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California, and Lindsey Wagner of Wagner Legal, P.C. in Dublin, Ohio. The case is entitled, Terry, et al. v. PayCor. Inc., Case No. 1:22-cv-00419 (Southern District of Ohio).
Additional information about the case and how implementation consultants can make a claim can be found at www.nka.com or by calling Nichols Kaster, PLLP at (877) 344-4628.