RCM Technologies Unpaid Overtime Class Action Settlement

Hourly employees of RCM Technologies are entitled to payments under the terms of a recent unpaid overtime class action settlement.

Plaintiffs Jermaine McNeal and Genoa Sosa brought this unpaid overtime class action lawsuit in July 2016. Both plaintiffs are former employees of defendant RCM Technologies who worked as consultants paid on an hourly basis.

They claimed defendant RCM Technologies improperly misclassified some of its employees as being exempt from overtime pay under the federal Fair Labor Standards Act (FLSA) and California and New York employment laws.

McNeal and Sosa also brought state law allegations of failure to pay regular wages, failure to reimburse business expenses, and failure to provide proper wage statements. They claimed RCM Technologies violated requirements for meal and rest breaks under California law and requirements to pay wages following termination under New York law.

After filing these initial claims, the plaintiffs later added a claim under the federal Fair Credit Reporting Act.

McNeal and Sosa sought to recover unpaid wages and to be reimbursed for unpaid business-related expenses. They also asked the court for an award of double damages, court costs and attorneys’ fees.

The parties worked out the current unpaid overtime class action settlement with the help of a mediator. In March 2017, U.S. District Judge Otis D. Wright granted preliminary approval of the settlement.

Under terms of the settlement, RCM Technologies agrees to pay at least $200,000 and as much as $327,000, plus the employer’s share of applicable payroll taxes. This amount will cover payments to Class Members, service awards for McNeal and Sosa, costs associated with administering the settlement, and a $5,000 payment to the California Labor and Workforce Development Agency.

RCM Technologies will also make a separate payment to cover the plaintiffs’ attorneys’ fees and costs of the litigation.

Although RCM Technologies has agreed to this settlement, the company continues to deny the plaintiffs’ allegations. The settlement does not require RCM Technologies to admit any liability, and the court has made no determination as to fault.

Class Members must submit a valid and timely claim to receive payments under this settlement. Payments will not be distributed automatically.

Who’s Eligible

The settlement provides benefits for members of three different plaintiff Classes: the New York Class, the California Class, and the FLSA Class.

• The New York Class consists of persons who worked for RCM Technologies while living in New York from July 13, 2010 to March 16, 2017.
• The California Class consists of persons who worked for RCM Technologies while living in California from July 13, 2012 to March 16, 2017.
• The FLSA Class consists of persons who worked for RCM Technologies while living in a state other than New York or California from July 13, 2013 to March 16, 2017.

Potential Award

$250 or more.

The exact amount of each payment will depend on the number of valid and timely claims received, among other factors. The settlement payment will not be less than $250.

Proof of Purchase

No proof of purchase is necessary. Class Members need only submit a valid and timely Claim Form.

Claim Form

Claim Forms are available as a downloadable and printable PDF. Claims may be submitted by mail, fax, or email. There is no online Claim Form.

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

6/9/2017

Case Name

Jermaine McNeal and Genoa Sosa v. RCM Technologies Inc., Case No. 2:16-cv-05170, in the U.S. District Court for the Central District of California

Final Hearing

7/10/2017

UPDATE: The RCM Technologies Unpaid Overtime settlement was granted final approval on July 12, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.McNealvRCMSettlement.com

Claims Administrator

Jermaine McNeal et al. v. RCM Technologies (USA) Inc.
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
1-888-755-9508
Fax: (952) 955-4589
info@McNealvRCMSettlement.com

Class Counsel

Peter Rukin
Jessica Riggin
RUKIN HYLAND LLP

Defense Counsel

J. Kevin Lilly
Shannon Boyce
LITTLER MENDELSON PC

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