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Cerner Corporation

(Application Management Services Employees)

Taylor v. Cerner Corporation, Case No. 4:16-cv-00434-DW, U.S. District Court, Western District of Missouri, Western Division

Our Firm, along with Hawks Quindel and Williams Dirks Dameron, filed a collective and class action complaint on behalf of Delivery Consultants who were employed in Cerner’s AMS Department and were paid a fixed salary without eligibility for overtime pay from May 2013 to the present. These employees seek to recover unpaid overtime wages and related penalties under the federal Fair Labor Standards Act (“FLSA”) and Missouri State Law.

What is the lawsuit about?

This lawsuit is about whether Cerner violated federal and state laws by failing to pay overtime to its Delivery Consultants who were employed in Cerner’s AMS Department and were paid a fixed salary without eligibility for overtime pay prior to February 2013. Federal wage and hour laws require payment of overtime wages unless an employee’s job duties make him/her exempt from overtime wages. This requirement exists regardless of whether the employee is paid on an hourly or salary basis. The lawsuit alleges that the job duties of Delivery Consultants did not exempt them from overtime wages and penalty damages.

Can I bring a claim for unpaid overtime?

If you worked as a Delivery Consultant who was employed in Cerner’s Application Management Services Department and were paid a fixed salary without eligibility for overtime at any time during the past three years, you can join this case by sending a consent form, found here, to the attorneys representing the Class. Until you return the consent form, the statute of limitations on your claim will continue to run. Thus the length of your claim for federal overtime wages will grow smaller until a consent form is filed with the Court.

Can my employer fire me or retaliate against me?

The law prohibits anyone, including your employer, from discriminating or retaliating against you for taking part in this case or because you have exercised your rights under the FLSA.

Do I have to pay anything?

You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through a settlement or a final judgment; our payment will come only out that settlement or final judgment.

What is a class action and who is involved?

In a class action lawsuit, one or more people called “class representatives” bring claims on behalf of themselves and other people who have similar claims. Together, they are called a “class” or “class members.” The proposed class representative in this case is a former AMS Delivery Consultant. If this matter is certified as a Class Action by the Court, the named plaintiff will represent the class and the law firms Hawks Quindel, S.C., Habush Habush & Rottier S.C. ®, and Williams Dirks Dameron, LLC will serve as class counsel.

How can I learn more?

You may contact us at 816-876-2600, through our website or email Breanne L. Snapp at bsnapp@habush.com. You also may check this site for periodic updates.