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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