What is this case about?

            This case was filed in the Northern District of California by former auditors of RGIS.  The Plaintiffs in the case allege that RGIS has a policy and practice of not compensating Plaintiffs for time spent 1) in work-related transportation to and from inventory sites; 2) waiting for inventories to begin; and 3) performing pre-inventory duties, including putting on audit equipment.  The Plaintiffs are also claiming that RGIS has a policy and practice of not providing meal and rest breaks.  The Plaintiffs are seeking to represent all current and former auditors who have worked for RGIS for any period since January 4, 2004.  They are seeking to recover back pay and other compensation for all hours worked, double damages, and other relief available for all members of the potential class.   

Can I participate in this case?

The deadline to submit an opt-in consent form was May 29, 2008.  If you have not received a notice, but believe you should have, please contact us immediately by clicking here.

Am I automatically a part of this lawsuit?

No.  Under federal law, in order to participate in this lawsuit, you must affirmatively indicate that you want to be included by filing an “Opt-in Consent" form, which you may obtain by contacting us.  

Should we be certified as a class action in a state in which you have worked for RGIS, you will be automatically included in the class for that state so long as you are eligible to participate (See “Can I participate in this case?” above).  If you do not file an opt-in consent form, however, you will not be included in the related federal case.

Why didn’t I get a notice? 

Notices were sent on March 1, 2008 to all employees identified by RGIS as having worked as an auditor for any period since January 4, 2004 (or January 1, 2005 for those who worked only in California).  RGIS provided last known addresses for these employees.  It is possible that you did not receive a notice either because you did not work as an auditor during this time period or because RGIS did not have your most current address.  Please contact us to determine whether you are eligible to participate, and, if so, to have a notice of this lawsuit and an opt-in consent form will be sent to you.

The deadline to submit an opt-in consent form was May 29, 2008.  If you have not received a notice, but believe you should have, please contact us immediately by clicking here.

What Happens If I Join? 

If you join, the named Plaintiffs in the case and the lawyers representing them will represent you and work with you to try to obtain relief on your behalf.  The Court will determine whether your rights have been violated.  You will be bound by the Court’s judgment, whether it is favorable or unfavorable to you.

            If there is a recovery, Plaintiffs’ attorneys will be compensated for their fees and costs either by receiving a portion of the recovery or by a separate payment by RGIS (or a combination of the two), in an amount approved or determined by the Court.  If there is no recovery, you will not be required to pay Plaintiffs’ attorneys for any of their fees or costs.

            If you assert a claim in this lawsuit, you may or may not be required to participate in discovery, including appearing for depositions, and may or may not be required to appear as a witness at trial.

What Happens If I Do Not Join?

If you do not join, your rights under the federal FLSA will not be affected by any judgment issued or any settlement approved by the Court in this case – whether it is favorable or unfavorable.  You will not be entitled to share in any amounts recovered under the FLSA, if any, but will maintain the right to bring your own claims.  However, you should know that under federal law there is a limited time period in which you are permitted to file a claim.  This is called the statute of limitations.  All claims are subject to this limitations period.

           Your rights under state law will not be affected if you do not join since you will automatically be included in any class that is certified for a particular state if you worked in that state.

Can RGIS retaliate against me if I join the lawsuit?   

          If you are still an employee of RGIS, any retaliation by the company, its affiliates, or subsidiaries against you for exercising your legal rights by participating in the lawsuit, providing us information, or otherwise assisting us, is illegal and may provide you with a basis for bringing an individual lawsuit.  Please report to us immediately any act that you consider retaliatory.  If RGIS learns that you are participating in this lawsuit, its lawyers may approach you to answer questions.  You are not obligated to answer any questions from RGIS concerning your communications with us or to provide RGIS with a copy of any information that you provide to us.  If you wish to speak with someone other than us who is independent of RGIS before deciding whether to answer RGIS' questions, we will provide the names of lawyers who can give you independent advice free of charge or for a minimal fee.

What if I have questions that are not answered here?