Labor issues at Sutherland Global Services
Recently we told you about labor issues at Palmer Foods. Now, there’s news (via DragonFlyEye) of a labor-related lawsuit involving Sutherland Global Service:
I don’t have much I can reveal at the moment, but letters have gone out to all Sutherland Global Services employees working for the company between July 16, 2001 and July 17, 2004. The information contained in these letters does not seem to square with reason, nor to the facts in the cases pending against them. At issue in the cases is the shoddy, often intentionally abusive wage practices at Sutherland.
Union watchers and UNITEHERE employees will no doubt be familiar with the attempts by said Union to organize the workers at the Henrietta office. This case (or really, series of cases) stems from both the fall out after and the mitigating factors that prompted that organization push. I was there for that whole thing, and it was ugly.
Rochester NY based Sutherland Global Services is facing a serious legal battle. Class Action notices are now being mailed to nearly 20,000 current and former employees of the company.
Employees alege that the company:
Made an automatic time deduction for lunch breaks even when they worked through all or part of their lunch.
Failed to pay for the time spent performing work duties before the start of regularly scheduled shifts.
Imroperly failed to include commissions and bonuses in calculating pay for overtime purposes; and/or
Failed to pay time and one-half for hours worked over 40 in a week;
This lawsuit affects thousands of employees that worked in any U.S. facility that Sutherland has offices.
NOTICE OF PENDENCY OF COLLECTIVE ACTION LAWSUIT
THE FOLLOWING NOTICE HAS BEEN AUTHORIZED BY THE
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK
TO: Present and former program asociates/agents of Sutherland Global Services Inc. and the Sutherland Group (“Sutherlandâ€ÂÂ)
The purpose this Notice is to inform you of the existence of a collective action lawsuit pending in the United States District Court for the Western District of New York, and your eligibility to participate in this case. The title of the lawsuit is Margarita Sherrill et al., v. Sutherland Global Services, Inc.; The Sutherland Group, 05 CV-6537L(P). This Notice explains what steps you may take to either participate, or not participate, in this lawsuit.
DESCRIPTION OF THE LAWSUIT:
In this lawsuit, several former employees claim Sutherland violated federal and state wage and hour laws by failing to pay its hourly employees proper wages, overtime and commissions. In particular, the plaintiffs claim Sutherland maintained several improper pay policies.
If you worked for Sutherland on or after October 11, 2002, and any of the following happened to you:
Sutherland made an automatic time deduction for lunch breaks even when you worked through all or part of your lunch.
Sutherland failed to pay you for the time you spent performing work duties before the start of your regularly scheduled shift.
Sutherland improperly failed to include commissions and bonuses in calculating your pay for overtime purposes; or
Sutherland failed to pay you time and one-half for hours worked over 40 in a week;
Then this lawsuit may affect your rights and you need to decide what to do.
SUTHERLAND’S POSITION IN THIS LAWSUIT:
Sutherland denies the claims made in the lawsuit and contends that all employees have been properly compensated as required by law.
No money is available now because the Court has not yet decided whether Sutherland or the plaintiffs are correct. By authorizing this Notice, the Court is not suggesting that plaintiffs will win or lose this case. The plaintiffs must prove their claims in Court at a later date.
It is entirely your own decision whether or not to join this lawsuit. You are not required to file your consent form or take any action unless you want to.
PARTICIPATING IN THIS COLLECTIVE ACTION LAWSUIT:
To participate in this action, the accompanying “Consent Form to Become a Party Plaintiff†should be filled out, signed, and returned to the following address:
Sutherland Collective Action Lawsuit
c/o Stanley J. Matusz, Esq.
161 Rutgers Street
Rochester, New York 14607
The Consent Form should be returned as soon as possible and no later than September 1, 2007.
EFFECT OF JOINING THIS LAWSUIT:
If you join lawsuit, you designate the Named Plaintiffs (Margarita Sherrill, Tony Falso, Simuel Brown, Leslie Switzer, Jon Stewart, Michael Piazza, Jethro Burch, Georgia Becker, Tiyashia Isaac and John Waudby) as your agents to make decisions on your behalf concerning this litigation; the method and manner of conducting this litigation; the entering of an agreement with Plaintiffs’ counsel concerning attorney’s fees and costs; and all other matters pertaining to this litigation.
These decisions and agreements made and entered into by the Named Plaintiffs will be binding on you if you participate in this lawsuit.
If you join this lawsuit, you will be bound by the decision of the Court, whether it is favorable or unfavorable. While this lawsuit is proceeding, you may be required to respond to written questions, sit for depositions, testify in court, or any combination of these things.
PROTECTION AGAINST RETALIATION:
The Fair Labor Standards Act prohibits anyone from discriminating or retaliating against you if you choose to take part in this case.
TIME LIMIT:
To participate in the collective action, you must return the accompanying “Consent Form To Become a Party Plaintiff†no later than September 1, 2007.
ADDITIONAL INFORMATION:
Further information regarding this lawsuit may be obtained at http://www.sutherlandovertimesuit.com or by calling 585-271-5460. You may also write to the address listed above.
Additionally, you may inspect the papers and court documents that have been filed thus far at the Clerk’s Office of the U.S. District Court, 100 State Street, Rochester, New York 14614
It’s very unfortunate that there is a time line on this lawsuit is there nothing we can do? I am located in the Syracuse office and many of our employees have not received a letter and have not been advised of our rights by Sutherland. all information pertaining to this lawsuit we do not have access too. When we ask what the lawsuit is about, we are told it has nothing to do with us. This same thing is happening here and we want to be in on it as well. Please if there is anything we can do send me an email a mricks@mailsting.com.
I am an Indian but would never work for an Indian. Working conditions at any business run by Indians are atrocious. Sutherland’s managment is made up of Indians and they have no regard for the US laws. They think they are running their own fifedom in the backwoods of India.