Brightwheel
Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel
Case No. 4:22-cv-08863 (Northern District of California)
On December 15, 2022, a putative collective action was filed against DSSV, Inc., also known as Brightwheel, by an inside sales representative for unpaid overtime. He is bringing the case forward on behalf of himself and other employees who were responsible for selling subscriptions to Brightwheel’s childcare management platform, including inside sales representatives, account executives, and sales development representatives.
The Complaint states that Brightwheel wrongly classified the inside sales representatives as exempt from the Fair Labor Standards Act’s overtime protections, leading to the denial of overtime pay. The case aims to hold Brightwheel accountable for unpaid overtime premium pay for up to three years, double damages, and other legal remedies.
Our firm has joined forces with Michele Fisher of Nichols Kaster in Minneapolis, Minnesota to represent the plaintiffs.
Am I eligible?
You may be eligible to make a federal law claim in this case if you worked for Brightwheel at any time within the past three years as an inside sales representative, or other similar position, and were not paid an overtime premium for the hours you worked over 40 per week. . Please reach out to case manager Jon D. Rankin at (512) 379-5981 or jon@rosslawgroup.com to confirm if you are eligible.
What is a collective action?
A collective action is a type of lawsuit recognized under federal law. The concept of a collective action allows a single person or a group to bring a legal suit on behalf of themselves and others who have similar complaints. However, before proceeding as a group, the Court must authorize the collective action. As the case is still in its early stages, this authorization has not been granted yet. Nevertheless, we plan to either negotiate with the company or file a motion with the Court at the appropriate time to request for conditional certification.
Which locations are included?
This case seeks to include all inside sales representatives who work or have worked for Brightwheel anywhere in the country within the past three years.
How do I make a claim?
In order to make a claim, you must sign a Consent Form.
What timeframe does this matter cover?
There is a time limit for bringing a claim for unpaid overtime wages, known as the statute of limitations. Under federal law, workers have two years from the time they sign up to join the lawsuit by returning the consent form to recover unpaid overtime wages. However, if it is proven that Brightwheel deliberately or carelessly broke the law, the statute of limitations may be extended to three years.
Do I have to pay anything?
Participating in the lawsuit comes at no cost to you. Our firm is handling this case based on a contingency fee, which means that we will only be reimbursed if the lawsuit results in a settlement, award, or final judgment and that reimbursement will come from that settlement, award, or final judgment.
How do I prove if I worked overtime?
It is important to keep records of your work hours, but it is not necessary to make a claim for overtime pay. Even if the company, Brightwheel, did not keep accurate records, you can still make an estimate of your work hours in good faith. We will also be requesting any records the company may have of your hours worked during this lawsuit.
Can I be retaliated against for making this claim?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for Brightwheel and you believe you may be the victim of retaliation, contact the case agent, Jon D. Rankin at (512) 474-7677 or jon@rosslawgroup.com immediately.
How long will this take?
The length of these matters varies but can typically last one to two years.
Is there money available now?
No. These matters are ongoing. There is no money currently available and there is no guarantee that you will receive money.
How can I help?
Spread the word. If you know any inside sales representatives who are interested making a claim for unpaid overtime, please direct them to this website to fill out a consent form and we will be in touch. They can also contact the case agent, Jon D. Rankin at (512) 474-7677 or jon@rosslawgroup.com to sign up.
I have additional questions.
To learn more, feel free to contact the case agent, Jon Rankin at (512) 474-7677 or jon@rosslawgroup.com.
Case Updates
January 17, 2023
Inside Sales Representatives Launch Demands for Overtime Pay from Brightwheel
An inside sales representative has taken legal action against Brightwheel, a company that provides a childcare management platform, for unpaid overtime on December 15, 2022. The representative is bringing the case on behalf of other sales representatives and account executives who were responsible for selling subscriptions to the company’s platform.
The complaint alleges that Brightwheel wrongly classified the employees as exempt from overtime protections, which resulted in them being denied overtime pay. The lawsuit aims to hold Brightwheel accountable for unpaid overtime pay, double damages and other forms of compensation for up to three years.
The case is being handled by attorneys from Ross Scalise Law Group, P.C. and Nichols Kaster, PLLP and is titled, Chalmers et al. v. DSSV, Inc., d/b/a Brightwheel, Case No. 4:22-cv-08863 (Northern District of California).
Ross • Scalise Law Group is accepting as new clients current and former Brightwheel sales representatives from anywhere in the country who worked unpaid overtime hours in the past three years. For additional information about how to make a claim, visit www.rosslawgroup.com or contact the case agent, Jon D. Rankin at (512) 474-7677 or jon@rosslawgroup.com.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.