What the Lawsuit Seeks

The lawsuit seeks the District Court to hold that organizers who worked for the DNC and the state democratic parties are entitled to overtime pay for hours worked beyond 40 per workweek. The lawsuit seeks judgment for those who opt in to the case for unpaid overtime hours and liquidated damages. Provided Plaintiffs are successful, those who opt-in may be entitled to recover several thousand dollars of more, depending on the length of time employed by the campaign and the number of hours worked per workweek.

Litigation is not a guarantee

As with all litigation, there is no guarantee that Plaintiffs will prevail. Plaintiffs claims are yet unproven, and the relief they seek may ultimately not be granted. The Defendants assert that their employees are not entitled to the protections of the FLSA. Specifically, the Defendants have argued that the their employees have no legal right to be paid overtime or minimum wage for the hours they work. Many of the Defendants (other than the DNC and the Pennsylvania Democratic Party) have also argued that the District Court in Philadelphia does not have jurisdiction over them because they operate outside of Pennsylvania.

The Court has not yet ruled on class certification

The Plaintiffs seek to bring their claims on behalf of all organizers who worked directly for the DNC or who worked for any state democratic committee in the last three years. The Court has not yet determined whether the case may be maintained as a class or collective action. However, you may submit a consent form below, which will be submitted to the Court for review. By filing a consent form, you will be informing the Court that you wish to bring your claims for unpaid overtime in this action. Provided that you submit a consent form, the Court grants certification and Plaintiffs are successful, you may be entitled to recover compensation. If you do not submit a consent form, you will not be entitled to receive compensation in this case for federal wage and hour violations. If you wish to recover unpaid overtime but do not wish to file a consent form, you may file a new lawsuit and hire your own attorney to bring such claims separately. However, if you wish to assert your rights and obtain compensation from the case, you must file a consent form.

Swartz Swidler, LLC has taken this case on a contingency fee. They may be entitled to receive attorneys’ fees and costs from Defendants should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, Swartz Swidler, LLC will receive a part of any settlement obtained or money judgment entered in favor of all members of the class or their fees will be paid separately by the DNC and/or the state democratic parties. If there is no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any attorney’s fees or costs from any of the Plaintiffs.