COURT-AUTHORIZED NOTICE

If you were a sales representative at Loadsmart between August 5, 2019, and the present, please read this notice.

A collective action lawsuit may affect your legal rights.

This is a court-authorized notice. This is not a solicitation from a lawyer.

• A lawsuit was brought by three former Loadsmart sales representatives who claim that Loadsmart misclassified them as exempt from overtime and failed to pay them and other sales representatives overtime for the hours they worked over 40 in a workweek as required by the Fair Labor Standards Act (“FLSA”). Additional opt-in plaintiffs have also joined this case.
  
  
• The lawsuit has been conditionally certified to proceed as a collective action on behalf of individuals who work or worked at Loadsmart as sales representatives, including in the job titles of Account Sales Representative, Carrier Sales Representative, Digital Sales Representative, Sales Development Representative, and other similar roles, however variously titled, at any time from August 5, 2019, to the present, and who were classified as exempt from overtime and did not receive overtime compensation for hours worked over 40 in a work week. The Court has not decided who is right.
  
  

Your legal rights may be affected, and you have a choice to make now:

This notice contains information that affects your rights. Please read it carefully.

1. Why did I get this notice?

You are getting this notice because Loadsmart’s records show that you worked as a sales representative in a relevant job title between August 5, 2019, and the present.

 

2. What is this lawsuit about?

The lawsuit alleges that Loadsmart failed to pay sales representatives overtime under the Fair Labor Standards Act (“FLSA”) for the hours they worked over 40 in a workweek. Sales representatives allege that they performed as their primary duties non-exempt inside sales work and that they routinely worked over 40 hours in a workweek to meet the quotas, job requirements, and performance metrics set by Loadsmart. Loadsmart denies these allegations. The Court has not yet decided who is correct.

The lawsuit is known as Burr, et al. v. Loadsmart, Case No. 1-23-cv-03708, and is pending before the Honorable LaShonda A. Hunt, United States District Judge in the Northern District of Illinois.

 

3. What is a collective action and who is involved?

In a collective action lawsuit, one or more people may bring a lawsuit on behalf of themselves and others who are similarly situated to them. All sales representatives who decide to participate in the FLSA claims in this case are part of the “Collective” and are “Collective Members.” One court resolves the issues for all Collective Members. If you choose to be included, while the case is proceeding, you may be required to respond to written questions, produce documents, and/or provide testimony at a deposition and/or trial.

 

4. How do I ask the Court to include me in the case? 

Enclosed is a form called “Consent to Join.” If you want to join this lawsuit, you must read, sign, and promptly return the Consent to Join Form by (if by mail, postmarked by) April 14, 2025. The Consent to Join Form must be mailed, faxed, or submitted online:

Go To Consent Join Form

The signed Consent to Join Form must be submitted or postmarked by April 14, 2025.

 

5. Can Loadsmart and/or my current employer retaliate against me if I join the lawsuit?

No. It is a violation of federal law for Loadsmart or any other employer to fire, discipline, or in any manner discriminate or retaliate against you for taking part in this case. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of you receiving this notification, considering whether to join this lawsuit, or actually joining this lawsuit, please contact Plaintiffs’ lawyers listed below.

 

6. Do I have a lawyer in this case?

If you choose to join the lawsuit, you will be represented by Plaintiffs’ counsel, Outten & Golden LLP. Information about Plaintiffs’ counsel is available at: https://www.outtengolden.com/, and their contact information is listed in Section 7, below.

Plaintiffs have entered into a contingency fee agreement with Plaintiffs’ counsel, which means that if Plaintiffs do not win, there will be no attorneys’ fees or costs chargeable. Under the fee agreement, in the event there is a recovery, Plaintiffs’ counsel will apply to the Court for reimbursement of costs and expenses, and fees as a portion of any settlement obtained or money judgment entered in favor of the Plaintiffs and the Collective in an amount the greater of: (1) the “lodestar” amount, calculated by multiplying reasonable hourly rates by the amount of time expended on the lawsuit; or (2) one-third of the gross settlement or judgment amount. Fees may be part of a settlement obtained, or money judgment entered in favor of the Plaintiffs or may be ordered by the Court to be separately paid by Loadsmart or may be a combination of the two.

 

7. Questions?

If you have any questions, you may write, e-mail, or call Plaintiffs’ counsel:

Rebecca L. Pattiz
OUTTEN & GOLDEN LLP
695 Third Avenue, 25th Floor
New York, New York 10017
Telephone: 646-825-9831
Loadsmart@outtengolden.com 

Courtney Hinkle
OUTTEN & GOLDEN LLP
1225 New York Ave, NW Suite 1200B
Washington, DC 20005
Loadsmart@outtengolden.com