Issues: Overtime Compensation 


On Friday March 16, 2018, Fitapelli & Schaffer, LLP filed a class action lawsuit against ASM USA, Inc. on behalf of its Brand Ambassadors, Ecommerce Specialists  and Customer Service Representatives and other similar employees who  provide outsourced customer service solutions for luxury brands worldwide. The lawsuit aims to represent all Brand Ambassadors, Ecommerce Specialists, and/or Customer Service Representatives (collectively “Brand Ambassadors”) that seek to recover overtime compensation and other damages while working for ASM.

The company, founded in France in 1998, operates in 8 countries with more than 200 employees worldwide with its US headquarters located in New York City. According to its website, ASM works with companies like GUCCI, FENDI, and PRADA to provide these luxury brands’ customers with phone, email, e-commerce and other customer service assistance. To carry out their services, ASM utilized Brand Ambassadors who are tasked with handling customer inquiries about a brand’s website, products, and/or policies. Despite being non-exempt employees, the Complaint alleges that ASM failed to properly pay its Brand Ambassadors overtime compensation at 1.5 times their regular rate of pay when they work over 40 hours per week. Instead, Brand Ambassadors receive a set rate of around $2,800 per month regardless of the number of hours they worked each week.

Moreover, despite requiring Brand Ambassadors to use ASM’s electronic time keeping system to record their hours worked, ASM failed to provide its Brand Ambassadors with paystubs that accurately reflected their actual hours worked. The Plaintiffs in this case bring this action on behalf of themselves and all other similarly situated Brand Ambassadors who elect to opt in to this collective action pursuant to the Fair Labor Standards Act.

If you or anyone you know has worked for ASM 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. If we are able to take on your case, our firm will investigate your claim for potential monies owed. You can also visit our website for additional information.

To view the complaint please click here.