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.