A Former OpSec Brand Analyst Has Filed An Unpaid Overtime Complaint Alleging Misclassification

On February 16, 2022, a class-action lawsuit was filed against OpSec Online, LLC and OpSec Security, Inc. by the Law Offices of Peter T. Nicholl and Nichols Kaster, LLP.  The lawsuit was filed on behalf of a former OpSec employee (“Plaintiff”) and other similarly situated staff to recoup unpaid overtime pay. The plaintiff was a former brand analyst for OpSec.

According to the Complaint, Plaintiff and other Brand Analysts, Senior Brand Analysts, and employees who held comparable positions in the company were responsible for examining OpSec’s software to ensure that it was free of illicit activity that might harm OpSec’s clients. This included receipts of counterfeit goods, copyright infringements, and trademark misuse. The procedures for carrying out their responsibilities involved reviewing substantial data sets and generating routine reports, which the plaintiff and other similarly situated employees followed.

The plaintiff claims that OpSec misclassified Brand Analysts, Senior Brand Analysts and others as salaried employees exempt from the overtime requirements, which is against the wage and hour provisions of the Fair Labor Standards Act (FLSA). As a result, in the complaint, the plaintiff alleges that she and other Brand Analysts, Senior Brand Analysts, and others holding similar positions were denied overtime pay. In addition, the plaintiff claims that although she was regularly required to work more than forty (40) hours per week,  and never received the “time-and-a-half” pay for all hours worked over forty (40) in a workweek.

One of the plaintiff’s attorneys, Benjamin L. Davis, III of The Law Offices of Peter T. Nicholl, reiterated that “If an employee is not working in an administrative or managerial capacity at a level that would qualify them for an exemption under the law, they should be paid overtime premiums for working more than forty (40) hours a week.”

Additional information regarding this case can be found by contacting the Law Offices of Peter T. Nicholl at 410-244-7005.

The Law Offices of Peter T. Nicholl and Nichols Kaster is regarded as a pioneer in wage and hour litigation. The firms have handled many class and group actions with a successful track record.  

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Michael Canning

Michael has a Masters's Degree in Leadership and Juris Doctorate. After working in private business for 10 years, he started writing. He covers law, business, startups, and technology. One of his passions is researching disruptive technology in business. [email protected]

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