Safelite Motions to Strike "Untimely" Opt-Ins
in Class Action Suit
September 13, 2011
Safelite Solutions has motioned a federal court to strike 21 individuals
who "filed untimely notices to opt-in" to a class action
suit under review in Ohio from the case. The class action suit was
filed by a group of customer service representatives (CSRs) last
August and is related to allegations related to overtime pay.
In the latest motion, Safelite officials allege that individuals
were required to have postmarked their opt-in responses within 45
days of the court's April 19 notice, but that these individuals
"disregarded the court deadline." They further claim that
the plaintiffs' counsel filed "untimely notices on behalf of
21 individuals at various times between June 20, 2011, and continuing
until August 24, 2011."
While the company points out instances in which a court has extended
time in class action suits for plaintiffs to opt in, Safelite officials
allege that in this case the plaintiffs did not request permission
to file untimely notices, and no circumstances existed that would
have made this acceptable.
"The untimely notices were filed in contradiction with the
court's order and must, therefore, be stricken from the record,"
writes Safelite's counsel.
The class action suit currently contains more that 200 plaintiffs
whom Safelite officials say "managed to file timely notices."
An October 28 hearing currently is scheduled to review the motion.
The suit, filed last August, originally focused on the time CSRs
spend booting up their computers each day and the allegation that
this time is not calculated into their pay. However, earlier this
summer, plaintiffs requested
to file an amended complaint that also would seek compensation
for the time spent "locating a working computer in a vacant
cubicle, securing a headset or other equipment essential to using
that computer." The plaintiffs also have said the amended complaint
would expand the suit to include sales representatives at the company.
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