Cirillo v. Citrix

Cirillo et al., v. Citrix Systems, Inc.

A class action lawsuit was filed on September 29, 2020 against Citrix Systems, Inc. (“Citrix”), on behalf of Inside Sales Representatives throughout North Carolina. Filed in the U.S. District Court for the Western District of North Carolina, the lawsuit asserts that Citrix, which employs over 8,100 employees worldwide, with more than 2,000 Inside Sales Representatives working at Citrix’s, North Carolina location, violates the Fair Labor Standards Act (FLSA), as well as the North Carolina Wage and Hour Act (NCWHA).

The lawsuit, Cirillo et al., v. Citrix, asserts that Citrix has failed to pay its hourly inside sales representatives all overtime due under federal and state wage and hour law. The suit alleges that Citrix did not compensate Plaintiffs for all mandatory pre- and post-shift work. Citrix required Plaintiffs to arrive at work prior to their scheduled shift to perform a litany of tasks necessary to perform their jobs, such as booting up computers, logging into programs, and preparing their workstation for each shift. Citrix regularly had Plaintiffs spend time working after scheduled shift times working on tasks such as phone calls that occurred at various hours in the evening with prospective customers located in various time zones. The suit also alleges that Citrix did not compensate Plaintiffs for time spent working during “lunch breaks,” including, but not limited to, speaking with clients, and going through demonstrations with prospective buyers. Plaintiffs allege that this is compensable time that should have been added to the employees’ recorded hours, and that all hours over forty (40) per work week should have been paid at the overtime premium rate.

Plaintiffs also complain that Citrix excludes nondiscretionary, monthly commissions when calculating Plaintiffs’ regular and overtime rates, and thus failed to pay overtime at the correct rate.

Plaintiffs are represented by attorneys from The Law Offices of Gilda A. Hernandez, PLLC.

FREQUENTLY ASKED QUESTIONS

Is This a Class Action? What Does that Mean?

This case is both a potential class action under state law and a potential collective action under federal law.  Both class and collective actions provide a mechanism for a group of workers with similar claims to litigate those claims together in one case, and both require Court approval to proceed on a class basis.  We will be seeking certification in the near future.  The federal claims proceed under a collective action which only includes individuals who consent to join the case, as described below.  The state claims only apply to the specific states for which claims have been asserted, in this case: North Carolina.    If certified by the Court, it will include all North Carolina Sales Representatives who fall within the class definition.

Am I Eligible for the federal FLSA claim? 

You may have a claim under the federal law if you fall within this collective definition:

All individuals who were, are, or will be employed by Defendant or performed work for Defendant in North Carolina at any time within the past three (3) years prior to the date of commencement of this action, through the date of judgment or final disposition in this action, and who were subject to Defendant’s timekeeping policy of only documenting scheduled shift time; subject to Defendant’s pre- and/or post shift work policy, including working through lunch breaks, and who did not receive compensation for all required pre and/or post shift work, including during lunch breaks or who worked forty (40) or more hours in at least one workweek in which undocumented work was performed, and/or who were paid commissions and worked overtime during any pay period for which a commission was received.

In order to make a claim, please complete a consent form (linked) and return it to our office. You can also sign up online by clicking here.

Consent – Cirillo v. Citrix – Opt-In (Blank) (2)

Am I Eligible for the North Carolina State Law Claims Against Citrix?

All individuals who were, are, or will be employed by Defendant or performed work for Defendant in North Carolina at any time within the past two (2) years prior to the date of commencement of this action, through the date of judgment or final disposition in this action, and who were subject to Defendant’s timekeeping policy of only documenting scheduled shift times; subject to Defendant’s pre- and/or post shift work policy, including working through lunch breaks, and who did not receive compensation for all required pre and/or post shift work, including during lunch breaks and/or who were paid commissions and worked overtime during any pay period for which a commission was received.

In order to make a potential claim, please complete a consent form linked above and return it to our office. You can also sign up online by submitting the form below with your completed consent form.

Opt in Form