Herring v. Hewitt
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Plaintiffs Carol Herring and Angela Bryant initially brought this collective action against Defendant Hewitt Associates, Inc. (“Hewitt”) challenging Defendant’s classification of Benefits Analysts as exempt from receiving overtime premium payments under the Fair Labor Standards Act (“FLSA”).
Since the filing of the Herring case, three additional lawsuits have also been filed: 1.) Frye and Cerda, et al. v. Hewitt Associates, LLC, Case No BC388921 (Los Angeles County, California Superior Court) filed in California; 2.) Wesley, et al. v. Hewitt Associates, LLC, Case No. 08CH14873 (Cook County, Illinois Circuit Court) filed in Illinois; and 3.) Toth, et al. v. Hewitt Associates, LLC , Case No. SOM-L-609-08 (Somerset County, New Jersey Superior Court) filed in New Jersey. These lawsuits are based on essentially the same allegations as the Herring lawsuit, but bring causes of action under each state’s laws, rather than the federal FLSA. All four lawsuits claim that Hewitt Associates has violated wage and hour laws by misclassifying Benefits Analyst employees as exempt from the overtime provisions of the FLSA and applicable state laws and failing to pay them overtime wages for overtime hours worked.
Plaintiffs in each lawsuit have sought unpaid compensation and statutory penalties, as well as reasonable attorneys’ fees and costs for bringing the suits. After two years of litigation, the parties entered into lengthy settlement negotiations, resulting in the agreement to settle this litigation for $4,900,000
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