Frequently Asked Questions

This Notice is about a class action lawsuit pending against TEKsystems, Inc. in the United States District Court for the Western District of Pennsylvania. The lawsuit is titled Thomas, et al. v. TEKsystems, Inc., Civil Action No. 2:21-cv-460- WSS (“the Lawsuit”).

The Lawsuit claims that TEKsystems violated Pennsylvania, Massachusetts, New York, and Washington state laws by failing to pay Recruiters (as defined in Section 5 of this notice) overtime wages for any hours worked over 40 in a workweek. The Lawsuit also claims that TEKsystems violated Washington state meal and rest break laws by failing to have a policy and practice of providing meal and rest breaks and compensating members of the Washington Class (as defined in Section 5 of this Notice) for missed breaks, and that TEKsystems violated New York state law by failing to provide members of the New York Class (as defined in Section 5 of this Notice) with accurate wage statements containing, among other things, rates of pay and actual hours worked. The Lawsuit seeks unpaid wages, overtime wages, statutory damages and penalties, prejudgment interest, attorneys’ fees and other costs. TEKsystems denies that it violated Pennsylvania, Massachusetts, New York, and Washington state wage and hour laws.

The Lawsuit additionally alleges that TEKsystems violated federal law by failing to pay Recruiters overtime wages for any hours worked over 40 in a workweek. The Court certified a Collective consisting of individuals employed by TEKsystems as Recruiters at any time within the three years prior to the filing of the action through the date of the final disposition and who were paid on a salary basis and classified as exempt from overtime pay. You are a member of the Collective if you fall within its definition and you previously submitted a Consent to Become an Opt-in Plaintiff form to join the lawsuit. TEKsystems denies that it violated federal wage and hour laws.

You received a Notice because TEKsystems’ records indicate that you were employed as a “Recruiter” in Pennsylvania, Massachusetts, New York, or Washington during the periods listed in Section 5 of the Notice. The Notice explains that the Court has allowed, or “certified,” a class action Lawsuit that may affect you. The Notice will tell you about your rights in this Lawsuit.

Unless you ask to be excluded, you will be part of the Class if you were employed as a Recruiter at TEKsystems in Pennsylvania, Massachusetts, New York, or Washington during the periods listed in Section 5 of this Notice. It does not matter if you are currently or formerly in the “Recruiter” role.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. These people together are a “Class” or “Class Members.” The individuals who sued-and all the Class Members like them-are called the Plaintiffs. The company they sued (in this case TEKsystems) is called the Defendant. One court resolves the issues for everyone in the Class-except for those people who choose to exclude themselves from the Class. This notice was sent to more than 900 current and former TEKsystems Recruiters.

The Court certified four Classes in this Lawsuit:

1. The Pennsylvania Class is defined as: All current and former Recruiters employed by TEKsystems, in Pennsylvania from April 9, 2018, to the final date of judgment (“the Pennsylvania Class”).
2. The Massachusetts Class is defined as: All current and former Recruiters employed by TEKsystems, in Massachusetts from January 19, 2019, to the final date of judgment (“the Massachusetts Class”).
3. The New York Class is defined as: All current and former Recruiters employed by TEKsystems, Inc. in New York from January 19, 2016, to the final date of judgment (“the New York Class”).
4. The Washington Class is defined as: All current and former Recruiters employed by TEKsystems, in Washington from January 19, 2019, to the final date of judgment (“the Washington Class”).

The Classes do not include the time you were employed by TEKsystems in job titles other than “Recruiter.” For example, the Classes do not include time employees worked in the following roles: Recruiter II, VMS Recruiter, Assigned Recruiter, Specialized Recruiter, Professional Recruiter, Senior Recruiter, Lead Recruiter, Recruiting Lead, Recruiting Lead II, Specialization Lead, Time Lead – Delivery, Team Lead – Delivery II, Sourcing Specialist – Alt Del, Specialization Lead, and Specialization Lead II.

You have to decide whether to stay in the Class or ask to be excluded from it, and you have to decide this now.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

DO NOTHING

Stay in this Lawsuit. Await the outcome. Give up certain rights.

By doing nothing, you remain a Class Member and you keep the possibility of getting money or benefits that may come from a trial or a settlement. But, you give up any rights to sue TEKsystems separately about the same legal claims in this Lawsuit.

ASK TO BE EXCLUDED

Get out of this Lawsuit. Get no benefits from it. Keep rights.

If you ask to be excluded and money or benefits are later awarded, you won’t share in those. But, you keep any rights to bring a claim against TEKsystems separately about the same legal claims in this Lawsuit.

No. The law prohibits TEKsystems from retaliating against you, discharging you, or in any manner discriminating against you because you participate in the Lawsuit or have in any other way exercised your rights under the law.

Yes, you are still a Class Member in this Lawsuit. The Court has reserved the right to create a subclass, modify the class definition, or otherwise specially treat the class members potentially subject to arbitration at a later juncture. If you have any questions or concerns about how your claims may be impacted by the Mutual Arbitration Agreement please contact Class Counsel, whose contact information is listed below in Section 11.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this Lawsuit. By doing nothing you are staying in the Class. If you remain a Class Member and the Plaintiffs obtain money or benefits, either as a result of a trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to bring a claim, or continue to bring a claim, against TEKsystems — as part of any other lawsuit — about the same legal claims that are the subject of this Lawsuit. This means that if you do nothing, you may only be able to sue for unpaid overtime wages and the state-specific claims listed in Section 2 that occurred before the start date of your state-specific Class as listed in Section 5 or occurs after final judgment only. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

You do not have to do anything to remain in the case. This section provides you with instructions on how to exclude yourself from the case, if you wish to file your own separate claim against TEKsystems for overtime claims or for any other reason.

If you do not want to be a class member in this Lawsuit, you must prepare a note or letter simply stating: “I wish to be excluded from the Thomas v. TEKsystems lawsuit.” To be valid, the exclusion request must also include your signature, printed full name, address, and telephone number.

Your exclusion request must be postmarked no later than September 26, 2025, and it must be mailed to Thomas v. TEKsystems, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen MN 55317-2002. You can also submit an exclusion request here.

If you exclude yourself from the Lawsuit, you will not be bound by any future Court rulings, jury findings, or settlement awards (if any) made in the Lawsuit, and you will retain the right to start your own claim against TEKsystems. You should be aware that all claims are subject to a statute of limitations.

The Court decided that the law firms of Werman Salas P.C. and Lichten & Liss-Riordan P.C. are qualified to represent you and all Class Members. Together the law firms are called “Class Counsel.” They are experienced in handling similar cases against other employers. More information about these law firms, their practices, and their lawyers’ experience is available at www.flsalaw.com and www.llrlaw.com.

You do not need to hire your own lawyer because the Court appointed Class Counsel to represent you. But, if you want to hire your own lawyer, you can.

You will not personally pay any legal fees or expenses to Class Counsel. If TEKsystems wins the Lawsuit, Class Counsel will recover nothing. If the Recruiters win the Lawsuit or if the Lawsuit is settled, Class Counsel will ask the Court to award them a fee to be paid either by TEKsystems or from the total amount of money awarded to Class Members. The Court will determine the fairness of any fees to be awarded if Plaintiffs are successful.

This Notice summarizes the most important aspects of this class action Lawsuit. You can obtain further information by calling one of the law firms listed in Section 11 above or by visiting this website. The website includes the Court’s Order Certifying the Class, the Court’s Memorandum Opinion certifying the Class, the First Amended Complaint that Plaintiffs filed that identifies the claims in the Lawsuit, and TEKsystems’ Answer to the First Amended Complaint.

If your contact information or mailing address changes while this action is pending you should update your contact information by emailing or calling one of the law firms listed in Section 11 above.