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This settlement is closed!
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A $12.5 million settlement has been reached in two class action lawsuits that allege Prudential Financial Inc. and Prudential Insurance Co. of America improperly denied certain agents overtime pay in violation of the federal Fair Labor Standards Act of 1938 and applicable state laws.
If you worked for Prudential as a Statutory Agent, Prudential Representative, Financial Services Associate, Financial Professional Associate or any predecessor, successor or related positions (the “Covered Agents”) in certain states at any time between Dec. 15, 2002 through Aug. 1, 2017, your rights may be affected by the Prudential class action settlement.
If approved, this Prudential class action settlement will resolve allegations that Prudential improperly denied overtime pay in violation of the FLSA, that it took unlawful deductions, and/or required some Covered Agents to bear certain necessary business-related expenses.
The Prudential wage and hour class action lawsuit was filed in September 2006 by financial representatives of Prudential who allege they were misclassified as independent contractors and, due to this alleged misclassification, the plaintiffs say their wages were improperly docked and they were not provided with overtime pay they were entitled to under the law.
Prudential denies any wrongdoing and maintains that all Covered Agents have been properly compensated. However, it has agreed to settle the unpaid overtime class action lawsuit to avoid the burden and expense of ongoing litigation.
The Prudential class action settlement was preliminarily approved on Aug. 1, 2017.
Who’s Eligible
Class Members of the Prudential unpaid overtime settlement include Covered Agents who work or worked in the following states:
- California, starting on or after March 20, 2004
- Hawaii, starting on or after Dec. 15, 2002
- Illinois, starting on or after Dec. 15, 2003
- Michigan, starting on or after Dec. 15, 2002
- Missouri, starting on or after Dec. 15, 2006
- Montana, starting on or after Dec. 15, 2003
- New Jersey, starting on or after Dec. 15, 2002
- New York, starting on or after Dec. 15, 2002
- Ohio, starting on or after Dec. 15, 2006
- Oregon, starting on or after Dec. 15, 2002
- Pennsylvania, starting on or after Sept. 15, 2003
- Washington, starting on or after Dec. 15, 2005
NOTE: Covered Agents include Statutory Agent, Prudential Representative, Financial Services Associate, Financial Professional Associate or any predecessor, successor or related positions.
Other Settlement Class Categories include:
- Non-Deduction Wage Claimants: includes all Covered Agents who worked in Missouri, Montana or Ohio during the applicable Class Periods.
- Opt-In Plaintiffs: includes all Covered Agents who allege claims under the FLSA and who have already timely filed an Opt-In Consent Form to participate in the collective action (and who have not subsequently withdrawn their consent or opted out of the FLSA collective action prior to the class action settlement’s preliminary approval date).
- Deductions Class: includes (i) all Covered Agents in Hawaii, Illinois, Michigan, New Jersey, Oregon or Washington in the applicable Class Periods; (ii) Persons who hold or held positions as a Financial Services Associate, Financial Professional Associate or any related positions in Pennsylvania during the applicable Class Period; and (iii) Persons who hold or held the position of Statutory Agent or related positions in California or New York during the applicable Class Periods.
- Certified Deductions Class: includes (i) all persons who hold or held the positions of Prudential Representative, Financial Services Associate, Financial Professional Associate or related positions in California and New York during the applicable Class Periods; and (ii) all persons who hold or held the position of Prudential Representative or related positions in Pennsylvania during the applicable Class Period.
Potential Award
Varies. The payment amount will be determined according to a formula based on the number of work weeks of each claimant. Participating claimants will receive a minimum payment of $10.
Proof of Purchase
N/A
To file a claim online, Class Members must provide the Claimant ID and Control Number that was printed on the Claim Form that was mailed. If you did not receive notice of the Prudential class action settlement but you believe you should have, contact the Settlement Administrator.
Claim Form
Claim Form Deadline
10/30/2017
Case Name
Jeffrey Bouder, et al. v. Prudential Financial Inc., et al. and Jim Wang, et al. v. Prudential Financial Inc., et al., Case No. 2:06-cv-04359-CCC-MF, in the U.S. District Court for the District of New Jersey
Final Hearing
12/11/2017
Settlement Website
Claims Administrator
Bouder v. Prudential Financial Inc. Settlement
c/o GCG
P.O. Box 10462
Dublin, OH 43017-4062
1-844-402-8562
info@PFIClassActionSettlement.com
Class Counsel
John Halebian
Adam C. Mayes
LOVELL STEWART HALEBIAN JACOBSON LLP
Kenneth Kaufmann Lehn
WINNE BANTA BASRALIAN & KHAN PC
John M. Kelson
LAW OFFICES OF JOHN M. KELSON
JERRY K. CIMMET
Peter Muhic
Monique Myatt Galloway
KESSLER TOPAZ MELTZER & CHECK LLP
Defense Counsel
David B. Ross
Lorie Almon
Gena Usenheimer
SEYFARTH SHAW LLP
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