TIME-SENSITIVE, COURT AUTHORIZED NOTICE
THIS IS NOT AN ADVERTISEMENT FROM A LAWYER
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
|
ANA ROSE, an individual, on behalf of herself and all other similarly situated employees v. PAYWARD, INC. dba KRAKEN Defendant. |
Case No. 3:25-cv-03524-TLT Collective Action Pursuant to 29 U.S.C. § 216(b) |
NOTICE OF LAWSUIT FOR UNPAID OVERTIME
Important things to know:
- This is a lawsuit about whether Payward, Inc. dba Kraken (referred to as “Kraken” in this notice) pays its Client Engagement Specialists overtime wages for any hours worked over forty in a workweek. Specifically, this lawsuit alleges that Kraken violates federal law by paying its Client Engagement Specialists only on a salary basis and classifying them as exempt from overtime compensation. The Court has not ruled on the merits of this action or whether the case will proceed to trial. Kraken has denied any and all liability in this
- You will NOT be able to participate and share in any monetary recovery obtained in this case UNLESS you fill out the Consent to Join Form at www.paywardflsa.com.
- DEADLINE TO RETURN THE CONSENT FORM: DECEMBER 16, 2025
Why Are You Getting This Notice?
This notice is to inform you about a collective action lawsuit, Rose v. Payward, Inc. dba Kraken (Case No: 3:25-cv-03524-TLT) filed on April 22, 2025.
This collective action lawsuit was filed on behalf of all Kraken’s Client Engagement Specialists who reside in the United States, were paid on a salary basis, and were not paid overtime compensation for work over forty hours in a week. The lawsuit alleges these individuals were misclassified as exempt from overtime in violation of the Fair Labor Standards Act (“FLSA”). You received this notice because Kraken’s records identified you as a Client Engagement Specialist and potential member of the collective action. This notice gives you information about the case and informs you how to opt-in to the action, if you want to be a part of it.
The Court has not ruled which party will ultimately prevail in this Lawsuit but has ordered that this notice be sent to inform you of your legal rights to make a claim for unpaid overtime wages. By returning the Consent to Join Form, you can make a claim to recover overtime wages for the period of three (3) years before submitting a written consent to join this action, through the present. While this lawsuit is pending, you may be required to respond to written questions, appear for depositions under oath, produce documents, and/or testify.
What Are Your Options?
You have two options:
- You may choose to opt-in to the action and share in any monetary recovery obtained
- You can do nothing and will be excluded from the collective action and any recovery if
It is a violation of federal law for Kraken or your current employer to retaliate against you for taking part in this case.
How Do You Opt-In?
If you choose to opt-in, you may take part in the action and share in any monetary recovery that is obtained.
In order to opt-in to the case, you MUST submit a completed Consent to Join Form. The DEADLINE TO RETURN THE CONSENT FORM is December 16, 2025.
The Consent to Join From is included with this Notice. Additionally, the Consent to Join Form may be accessed online from www.paywardflsa.com.
You may submit the Consent to Join Form online at www.paywardflsa.com or fill out the attached form and returning it by mail, email, or fax to:
ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Phone: (888) 250-6810
Fax: (888) 845-6185
Email: claims@ilymgroup.com
What Happens If You Do Nothing?
If you do nothing, you will be excluded from the case and not be able to take part in any recovery obtained.
Because the FLSA only allows employees to recover up to the past three years, eligible employees who do not return a Consent to Join Form may lose their right to recover overtime unless they bring a separate case.
Your Legal Representation If You Join
If you choose to join this collective action, you will be represented by David Mara, Matthew Crawford, and Carter Cordura of Mara Law Firm, PC. More information about Plaintiff’s counsel is available at: www.maralawfirm.com.
These are the attorneys who brought the collective action on your behalf. You will NOT be charged for their services, although their fees may be paid with the court’s approval from any settlement or monetary recovery that is achieved for the collective.
You do not need to hire your own attorney given Plaintiff’s attorneys will be working on your behalf. However, you may contact an attorney of your choice at your own expense.
How Do You Get More Information?
If you have any questions about the collective action lawsuit or your legal rights, you can contact counsel for the collective action at:
David Mara
Matthew Crawford
Carter Cordura
MARA LAW FIRM, PC
2650 Camino del Rio North, Suite 302 San Diego, CA 92108
Telephone: (619) 234-2833
Fax: (619) 234-4048
Additionally, you may contact ILYM Group, Inc. for any questions regarding this Notice and the collective action.
ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Phone: (888) 250-6810
Fax: (888) 845-6185
Email: claims@ilymgroup.com
If you decide to join this case, you should not contact Kraken or Kraken’s attorneys about this lawsuit.
You should NOT contact the Court to discuss this matter.