A class-action lawsuit against InfoCision was filed Dec. 10, 2010, in U.S. District Court, Northern District of Ohio, and presided over by Judge Sara Lioi. It was settled May 9, 2012.
The lead plaintiff was Marlene Zuccaro of Mentor, who worked for InfoCision from February to June 2010.
She and the 317 other plaintiffs were represented by Anthony Lazzaro and Jason Bristol of Cleveland and Thomas Downie of Chagrin Falls.
InfoCision was defended by four lawyers from Kastner, Westman & Wilkins in Akron.
The settlement was approved with the stipulation that the financial terms remain confidential. InfoCision agreed to pay the plaintiffs’ legal fees.
The main allegations in the initial complaint were that:
• InfoCision failed to pay its hourly, nonexempt employees minimum wages and overtime.
• InfoCision failed to include performance bonuses in the calculation of the regular pay rate.
• InfoCision failed to make, keep and preserve records of the unpaid work.
While denying that it violated federal law, InfoCision admitted in court documents that the lead plaintiff “may not have been, in all instances, expressly compensated for ‘follow-up time,’ logging into and out of her computer, ‘short breaks,’ ‘being away from her desk,’ ‘downtime’ and time during which she had computer problems.”
The key original court documents for the case are posted with this story on Ohio.com.