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This settlement is closed!
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Cognizant Technology Solutions has agreed to pay $5.7 million to resolve allegations that the company violated federal and state labor laws.
The settlement benefits two Classes of individuals:
- FLSA Class: Individuals who worked for Cognizant Technology Solutions and were eligible to receive Tru Up payments between Aug. 25, 2014 and June 1, 2020.
- California Class: Individuals who worked for Cognizant Technology Solutions and were eligible to receive Tru Up payments between Aug. 25, 2013 and June 1, 2020.
Plaintiffs filed their class action lawsuit against Cognizant Technology Solutions in August 2017. The complaint claimed the company violated California and federal labor laws by failing to provide overtime wages.
The Cognizant Technology Solutions class action lawsuit alleged that the company failed to pay the proper overtime wages by discounting “Tru Up” bonus payments when calculating workers’ regular rate of pay. By omitting these payments, regular rates of pay were allegedly calculated to be far lower than what was accurate – resulting in lower overtime wages.
Plaintiffs reportedly hired a forensic economist who estimated that the workers could have lost up to $11.2 million due to the failure to consider Tru Up bonuses.
Cognizant Technology Solutions has agreed to pay $5.726 million to resolve claims against them, however, the company does not admit any wrongdoing.
The settlement fund will provide cash payments. Although no exact estimates are available, payments will be based on the number of weeks worked for Cognizant Technology Solutions during the Class period.
About 97% of the net settlement fund will be used to compensate the California Class Members. Of this amount, 69.2% will be given to California Class Members, while the remaining 30.8% will be given to California Class Members who opt into the FLSA Class. Additionally, 2.8% of the net settlement fund will be divided amongst non-California Class Members of the FLSA Class.
Instead of filing a claim form as is typical for a settlement, Class Members need to file an opt in form in order to participate in the settlement. These forms require Class Members to provide their claim number and unique PIN number found on the opt in form they should have received. The deadline to opt in is Sept. 4, 2020.
Class Members who received a settlement notice opt containing a ILYM ID and unique PIN number can use that information to check their eligibility for digital disbursement on the settlement website.
If Class Members didn’t receive an opt in form or settlement notice but believe they are eligible, they can contact the settlement administrator.
Class Members also have the option to opt out of the settlement or object to the settlement terms by Aug. 5, 2020. Exclusion means that Class Members would leave the settlement Class but retain their rights to take legal action against Cognizant Technology Solutions in the future. Objecting notifies the court that Class Members take issue with some or all of the settlement terms.
The final approval hearing for the Cognizant Technology Solutions class action settlement is Nov. 12, 2020. Class Members are invited to attend but are not required to do so.
Who’s Eligible
FLSA Class: Individuals who worked for Cognizant Technology Solutions and were eligible to receive Tru Up payments between Aug. 25, 2014 and June 1, 2020.
California Class: Individuals who worked for Cognizant Technology Solutions and were eligible to receive Tru Up payments between Aug. 25, 2013 and June 1, 2020.
Potential Award
Varies.
97.2% of the net settlement fund will be used to compensate the California Class Members. Of this amount, 69.2% will be given to California Class Members while the remaining 30.8% will be given to California Class Members who opt into the FLSA Class. 2.8% of the net settlement fund will be dividing amongst non-California Class Members of the FLSA Class.
Payments will be based on the number of weeks worked during the Class period.
Proof of Purchase
Claim/ILYM ID and unique PIN number.
Claim Form
Class Members who received a settlement notice containing a ILYM ID and unique PIN number can use that information to check their eligibility for digital disbursement on the settlement website.
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
9/4/2020
Case Name
Debi Mishra v. Cognizant Technology Solutions, et al., Case No. 2:17-cv-01785-TLN-EFB, in the U.S. District Court for the Eastern District of California
Final Hearing
11/12/2020
Settlement Website
Claims Administrator
Cognizant Technology Solutions Settlement Administrator
c/o ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
(888) 250-6810
Class Counsel
John T. Stralen
Joshua H. Watson
CLAYEO C. ARNOLD APC
Defense Counsel
Lynne C. Hermle
Julie A. Totten
Katie E. Briscoe
ORRICK HERRINGTON & SUTCLIFFE LLP
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One thought on Cognizant Tech Solutions Wage & Hour Settlement
I am not a California resident. I am a Maryland resident. I worked for Cognizant from June 8, 2020 thru July 28, 2020 as a contractor remotely. I was required to perform numerous tasks on my own time.