ShopKeep, Lightspeed Commerce USA OT $1.775M Class Action Settlement

Certain New York or Oregon residents who worked for ShopKeep or Lightspeed Commerce USA may be eligible for a one-time payment thanks to a recent $1.775 million overtime and wage class action settlement.

Two Classes and a Collective have been established in this settlement.

The New York Class is made up of sales representatives, point-of-sale specialists, and account executives employed by ShopKeep or Lightspeed Commerce USA in New York between Jan. 8, 2015, and April 1, 2021.

The Oregon Class is made up of sales representatives, point-of-sale specialists, and account executives in Oregon between Jan. 8, 2018, and April 1, 2021.

Putative Collective Members are those employed by ShopKeep or Lightspeed Commerce USA outside of New York or Oregon during the Fair Labor Standards Act (FLSA) Collective Period of Jan. 8, 2018, through April 1, 2021. 

According to the plaintiffs, ShopKeep didn’t pay proper overtime wages for hours worked. Further, the plaintiffs say, proper wage notices and statements were not provided to New York employees. 

Plaintiffs in Oregon argue they were not given timely wages after separation.

ShopKeep — which Lightspeed agreed to acquire in November 2020 — denies the allegations laid out in the class action lawsuit. The company argues all wages and payments entitled to employees were paid in full. 

The Court did not review the facts or arguments of either side. Rather, all parties have agreed to settle outside of court.

According to ShopKeep’s LinkedIn page, the company is headquartered in New York.

Eligible Class Members will receive a payment based on a formula. 

Half of each Class Member’s approved amount will be subject to payroll deductions and taxes just as a regular paycheck would be, while the other half will not be subject to deductions. 

The exact amount of each Class Members payment will depend on the number of weeks worked during the Class Period and whether the Class Member worked in New York or Oregon.

A final fairness hearing will be held April 13, 2022.

Class Members who do not want to give up their right to seek out a future claim have the right to exclude themselves from the settlement Class by Jan. 10, 2022. 

If a Class Member opts out of the Shopkeep overtime and wage settlement, they are no longer eligible to receive compensation. 

Class Members also have the right to have their objections heard if they file an objection by Jan. 10, 2022.

Class Members who wish to receive a payment must submit a timely claim by Jan. 10, 2022.

Who’s Eligible

Two Classes and a Collective have been established in this settlement.

The New York Class is made up of sales representatives, point-of-sale specialists, and account executives employed by ShopKeep or Lightspeed Commerce USA in New York between Jan. 8 2015, and April 1, 2021.

The Oregon Class is made up of sales representatives, point-of-sale specialists, and account executives in Oregon between Jan. 8, 2018, and April 1, 2021.

Potential Award

Varies

Proof of Purchase

No proof of purchase required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/10/2022

Case Name

Lombardi, et al. v. ShopKeep, Inc., Index No. 521461/2021, in the New York State Supreme Court for Kings County

Final Hearing

03/13/2022

Settlement Website

ShopKeepOvertimeSettlement.com

Claims Administrator

ILYM Group, Inc,
P.O. Box 2031
Tustin, CA 92781
claims@ilymgroup.com
888-250-6810

Class Counsel

OUTTEN & GOLDEN LLP

Defense Counsel

JACKSON LEWIS PC