Fitapelli & Schaffer, LLP filed a lawsuit against ASM USA, Inc., a company which provides outsourced customer service solutions for luxury brands worldwide. The collective action lawsuit seeks to recover overtime compensation and other damages on behalf of Brand Ambassadors, Ecommerce Specialists and Customer Service Representatives (“Covered Employees”) who worked for the Company. The Complaint alleges that these employees were required to work more than 40 hours a week, but were not properly compensated for overtime pay.
To carry out their services, ASM USA utilized Covered Employees to handle tasks like customer inquiries about a brand’s website, products, and policies. Covered Employees were paid a set rate of approximately $2,800 per month regardless of the number of hours they worked each week. Despite being non-exempt employees, ASM failed to properly pay its Brand Ambassadors overtime compensation at 1.5 times their regular rate of pay when they worked over 40 hours per week.
Additionally, ASM failed to provide its Brand Ambassador’s with accurate paystubs despite requiring them to use their electronic time keeping system to record their hours worked. The Plaintiffs in this case bring this action on behalf of themselves and all other similarly situated Covered Employees who elect to opt in to this collective action pursuant to the Fair Labor Standards Act.
Companies often find ways to skirt paying their employees properly. It’s always helpful to know your rights as a worker and understand the pay you are entitled to receive under the labor laws. If you or anyone you know has worked for ASM USA as a Brand Ambassador, Ecommerce Specialist, and/or Customer Service Representative and would like to learn more about this case, please call Fitapelli & Schaffer, LLP at (212) 300-0375. Similarly, if you feel like you are not being compensated properly for all of your hours worked, please give us a call for a free phone consultation. An available representative will confidentially discuss your potential claims. You can also visit our website for additional information.