Court Grants Notice of Unpaid OT Lawsuit To Facebook Client Solutions Managers

On March 22, 2019, United States District Court Judge Harry D. Leinenweber certified a collective class of several hundred Facebook inside sales employees – known as Client Solutions Managers or “CSMs” – who seek to recover unpaid overtime wages.

The Court concluded that the plaintiff made a “modest factual showing” that she and similarly situated employees were victims of a common policy that violated the Fair Labor Standard Act (FLSA), and authorized notice to all CSMs employed at level IC-4 or IC-4 at any location in the United States from December 2, 2015 to the present.

Stephan Zouras, LLP originally filed the collective and class action lawsuit in October 2017 alleging that Facebook misclassifies its CSMs as “exempt” from overtime.

CSMs do not meet the test for exemption because they do not exercise independent judgment on important matters like setting advertising sales prices, and instead are called on to perform ever-increasing job tasks from data entry, to upselling Facebook ads, to troubleshooting bugs, to menial tasks like scheduling client dinners and ordering Facebook swag, such as hats and water bottles. As a result, CSMs work 50, 60, or more hours per week, but are not paid overtime.

In granting certification, the Court rejected Facebook’s argument that CSMs who signed arbitration agreements with class action waivers should be excluded from notice, finding instead that validity of arbitration agreements is irrelevant at this stage and will be decided at the close of discovery.

Likewise, the Court denied Facebook’s motion for summary judgment and held that Facebook’s motion was “replete with corporate jargon that attempts to obscure the issue of whether Bigger made sales,” Judge Leinenweber said, and a triable issue of fact remains regarding Facebook’s theory that CSMs merely “promote sales.”

“We are gratified that Judge Leinenweber was able to cut through Facebook’s arguments and see the case from the perspective of Facebook’s hardworking and dedicated employees,” said Stephan Zouras Partner Teresa M. Becvar. “We look forward to recovering earned overtime wages for all eligible CSMs as this case moves forward.”

If you, or someone you know, worked for Facebook and would like more information on your rights or how to join the case, please feel free to contact us at (312) 233-1550.

You can read more about unpaid wages and your rights here.

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The law firm, Stephan Zouras, handled a matter for me that was very problematic - I cannot be too specific because of the nondisclosure agreement, but suffice it to say that they came through for me FAR beyond my expectations - TWICE, in TWO separate cases. I will DEFINITELY use them in the future if I ever have any similar cases against unfair employers. Anyone that thinks attorneys are not accessible needs to hire this firm. Every staff member (Kerry, Ryan, many others) was polite, and professional, understanding, kind, and sympathetic. Thanks again, to all of you on my settlement!

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Jim Zouras is a dedicated and caring professional who fights for the rights of ordinary people. Throughout what could have been a difficult process, I always felt Jim “had my back” and was looking out for my best interests.

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I worked with Andy Ficzko, an associate of Stephan Zouras. I cannot thank the team, especially Andy, enough for helping me to settle a dispute that I had for a few years. I didn't know where to go and am so thankful that I was directed to use this group. Andy worked hard and was persistent in getting a settlement for me. He always kept me in the loop, did what was in my best interest and never gave up. After years in this dispute, it only took a few short months for Andy to help me walk away with a win. He worked hard to help me and I am so appreciative to him! This is the best group around! Thank you and here's to continued success!!

- Jennifer S.

Ryan represented me and my co-workers as part of a large class-action lawsuit against our former employer for multiple violations of labor law. I did not choose him myself, but am so glad somebody found him because he is one of the best attorneys I've ever met. He is dedicated and driven by a sense of moral justice which is increasingly uncommon in any industry today. When working with me, he was incredibly professional combining a sense of empowerment and ferocity in his approach. He is sensitive to his clients' needs and is able to craft a deadly offense while maintaining only the position that his client(s) desire. He ensures that his clients get a stellar advocate in court who will serve as their voice. He won our case resulting in recompense for hard-working people who were unfairly denied pay for work they performed for their company across the course of several years. If you are looking for an OUTSTANDING attorney, Ryan Stephan is your guy.

- Erica

I couldn't have been happier with Ryan Stephan. I handle securities administrative work and it's difficult to find someone to help when I need advice and legal assistance. Ryan is not only knowledgeable but communicative and responsive. I'm grateful to have him in my corner and highly recommend him and his firm.

- Mary

Stephan Zouras law firm is one of the best. My personal experience with Teresa and the firm was phenomenal. Teresa always kept me informed and genuinely showed she cared. I would recommend this firm and Teresa to anyone looking for honest people that will fight for you and go the extra mile.

- LaChelle

I worked with Jim Zouras and it was a pleasure. He told us what to expect and what NOT to expect, and that is exactly how things happened. He talked to me like I had a brain but was not a lawyer and I appreciated that. Hope I never need him again but would hire him again in a second.

- April W.

I was always kept in the loop with my suit, and their persistence has paid off in the long run. I would recommend this firm to anyone looking to do a class action lawsuit. Ryan and the staff at Stephan Zouras are the best!

- Liz F.

I was a part of a class action suit which Teresa Becvar handled. Numerous times I had questions and Teresa always returned my phone calls or emails quickly. She was courteous and knowledgeable and encouraging. I am feeling so blessed with the outcome of our lawsuit and I appreciate everything STEPHAN ZOURAS LLP, ATTORNEYS AT LAW DID FOR ME.

- Erika

If you need a hard-working, detailed, compassionate and cooperative class action attorney, this is your guy [Andy Ficzko]! He keeps in constant contact so you are always in the loop. No question goes unanswered and he makes you feel valued. Unlike some lawyers, he is not pretentious, but very professional and thorough. He handled my case seamlessly and it only required one visit to his office. From beginning to end, my case was completed in about 11 months. I am very happy with the outcome of my case!

- Cheryl

Ryan worked me while I was part of class action against a former employer who was in violation of various labor laws. He was very pleasant to work with. My overall experience with the firm was very positive and I highly recommend him and his team.

- Hassan

Jim Zouras and the legal team at Stephan Zouras did a thorough and outstanding job recovering overtime wages against a former employer. The case was handled as a class action, and Jim and his staff were complete professionals in promptly responding to calls, emails, answering questions, and keeping all of us informed throughout the process. They are dedicated to their work and exceeded our expectations. I would gladly recommend their services to anyone having issues with their employer.

- Kristin

A great firm to deal with - very personable. Kept up to date on the case and always gave me options. Ryan, his staff and the receptionist were all very nice and helpful at all times. Very satisfied with the results of the case. If you ever need an attorney he will be there for you and walk you through it.

- Brent

I worked with Jim Zouras as well as Teresa Becvar in a class action and won with a settlement that benefited a large group of fellow former employees. Communication was always very good and they were always helpful in answering any questions as well as preparing me for what was coming and what to expect.

- Ryan

This review is long overdue but my sentiments are still as overwhelmingly positive and strong for the firm-especially Ryan, Haley and Emily many months later. From day one Ryan made me feel like my case was his most important case, that I was not who was wrong, and that more than anything they were on my side. Their firm and the way they listen and make you feel is why I imagine one would go into practicing law. During my deposition the court reporter even commented how nice Ryan was- there is no need to be a jerk to get what you want. I'm not saying I would do this again but if Ryan and Haley were on my team I would not hesitate. In the end it was not like TV but Ryan is a true Hollywood hero in my world! And Haley a virtual rising star. I am forever grateful for them and helping me close an ugly chapter in my life.

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Let me say I've sought out the assistance of this firm on three different occasions and I was never let down. This last time around it was a bit more involved with frequent visits and conference calls. When I tell you that they are great people to work with you can bet on it. Andy, Ryan and Anna were always on top of the matter along with updates all the time. They are awesome at what they do and I would STRONGLY RECOMMEND this firm to address your needs. Thanks again team for believing in me and seeing me through it all.

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