Carlin v. NCS Pearson, Inc.

Following September 11, 2001, the United States Department of Transportation established the Transportation Security Administration ("TSA"). The purpose of the TSA was to effectuate, control, oversee and implement security at the airports located throughout the United States. Pursuant to this objective the TSA contracted with NCS Pearson ("NCS") to screen current airport personnel and test prospective employees for future employment at the nations airports. In order to implement the contract with the TSA, NCS employed persons or "Staffing Specialists" who traveled throughout the United States working 80 to 100 hours a week without receiving overtime compensation. Nationwide class action under the Fair Labor Standards Act and the California Labor Code was filed seeking overtime compensation for hundreds of employees who were improperly classified as exempt employees. A Class Action settlement was reached with NCS in excess of $800,000.00.