Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 1 of 30
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`
`ANATOLIY MIKITYUK, MITCH
`TALLUNGAN, and MICHAEL ESQUIBEL,
`individually and on behalf of all others similarly
`situated,
`
`
`Plaintiffs,
`v.
`CISION US INC. and CISION LTD.,
`
`
`Defendants.
`
`
`
`
`Case No.:
`
`
`CLASS AND COLLECTIVE
`ACTION COMPLAINT
`
`JURY TRIAL DEMANDED
`
` 
`
`
`
`Plaintiffs Anatoliy Mikityuk (“Plaintiff Mikityuk” or “New York Plaintiff”), Mitch
`
`Tallungan (“Plaintiff Tallungan” or “Illinois Plaintiff”), and Michael Esquibel (“Plaintiff
`
`Esquibel” or “Maryland Plaintiff”) (collectively, “Plaintiffs”), on behalf of themselves and all
`
`others similarly situated, by and through their attorneys Outten & Golden LLP, allege, upon
`
`personal knowledge as to themselves and upon information and belief as to all other matters, as
`
`follows:
`
`NATURE OF THE ACTION
`This lawsuit seeks to recover unpaid overtime compensation and other damages
`
`1.
`
`for Plaintiffs and similarly situated individuals who have worked for Defendants Cision US Inc.
`
`and Cision Ltd. (collectively, “Defendants” or “Cision”), in the job titles of Business
`
`Development Specialist, Business Development Associate, Business Development
`
`Representative, Business Development Manager, Business Development Executive, Sales
`
`Development Representative, New Sales Development Representative, Inside Sales
`
`Representative, Sales Representative, Sales Development Representative, Senior Sales
`
` 
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`

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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 2 of 30
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`Representative, Senior Sales Development Representative, Sales Associate, Account Executive,
`
`Senior Account Executive, Enterprise Account Executive, Associate Account Executive, Sales
`
`Executive, and Midmarket Sales Executive, and other similar roles, however variously titled
`
`(together, “Sales Representatives”).
`
`2.
`
`Cision is a public relations software and services provider with approximately 13
`
`offices in the United States, including in New York.1
`
`3.
`
`Cision sells software products that identify influencers, create and distribute
`
`content, and measure the impact of communications.
`
`4.
`
`Cision sells several software products and/or services, including Bulletin
`
`Intelligence, PR Newswire, and Falcon.io, among others.
`
`5.
`
`6.
`
`Cision employs Sales Representatives to sell its products and services.
`
`Sales Representatives perform non-exempt sales-related tasks, including
`
`communicating with clients and potential clients via phone and email, researching sales leads,
`
`booking sales meetings with prospective clients, and/or makings sales of Cision’s products to
`
`current and/or prospective clients.
`
`7.
`
`Sales Representatives primarily perform these tasks from Cision’s office or
`
`another fixed location, such as from their homes.
`
`8.
`
`Cision requires Sales Representatives to work long hours, often in excess of 40
`
`hours per workweek, in order to complete required tasks.
`
`9.
`
`While employed by Cision, Plaintiffs consistently worked more than 40 hours per
`
`workweek without receiving overtime compensation for all the hours they worked.
`
`                                                            
`1
`See Worldwide Offices, Cision: PR Newswire,
`https://prnewswire.mediaroom.com/worldwide-offices (last visited Dec. 28, 2020); Cision, Craft,
`https://craft.co/cision (last visited December 28, 2020).
`2
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` 
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`

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`10.
`
`During the relevant period, it was Cision’s policy to deprive Sales Representatives
`
`of their lawfully earned overtime wages.
`
`11.
`
`Upon information and belief, Cision uniformly failed to record all of Sales
`
`Representatives’ overtime hours or compensate them for all overtime hours worked.
`
`12.
`
`The primary duties of Sales Representatives are non-exempt. These primary
`
`inside sales duties do not vary significantly from one Sales Representative to another.
`
`13.
`
`The primary duties of Sales Representatives do not fall under any federal or state
`
`law overtime exemption.
`
`14.
`
`Sales Representatives have worked overtime hours and are entitled to overtime
`
`premium compensation for all overtime hours worked.
`
`15.
`
`Plaintiffs bring this action on behalf of themselves and similarly situated
`
`employees as a collective action under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.
`
`(“FLSA”).
`
`16.
`
`Plaintiff Mikityuk also brings this action on behalf of himself and similarly
`
`situated New York employees as a Fed. R. Civ. P. 23 class action under the New York Labor
`
`Law, Article 6, §§ 190 et seq. and Article 19, §§ 650 et seq. (“NYLL”) and supporting New
`
`York State Department of Labor regulations (collectively, the “New York Wage Laws”).
`
`17.
`
`Plaintiff Tallungan also brings this action on behalf of himself and similarly
`
`situated Illinois employees as a Fed. R. Civ. P. 23 class action under the Illinois Minimum Wage
`
`Law, 820 ILCS 105/1 et seq., and the Illinois Wage Payment and Collection Act, 820 ILCS
`
`115/1 et seq., and supporting regulations (collectively, the “Illinois Wage Laws”).
`
`18.
`
`Plaintiff Esquibel also brings this action on behalf of himself and similarly
`
`situated Maryland employees as a Fed. R. Civ. P. 23 class action under the Maryland Wage and
`
` 
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`3
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` 
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`Hour Law (“MWHL”), Md. Code Ann., Lab. & Empl. §§ 3-401 et seq., and the Maryland Wage
`
`Payment and Collection Law (“MWPCL”), Md. Code Ann., Lab. & Empl. §§ 3-501 et seq., and
`
`supporting regulations (collectively, the “Maryland Wage Laws”).
`
`19.
`
`By agreement of the parties, the statute of limitations for FLSA and state wage
`
`and hour claims on behalf of Plaintiff and similarly situated Sales Representatives nationwide
`
`was tolled from September 21, 2020 to the present.
`
`JURISDICTION & VENUE
`
`20.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1337
`
`and jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C. § 1367.
`
`21.
`
`This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C.
`
`§§ 2201 and 2202.
`
`22.
`
`This Court also has jurisdiction over Plaintiffs’ claims under the FLSA pursuant
`
`to 29 U.S.C. § 216(b).
`
`23.
`
`Venue is proper in this District because Cision Ltd. and Cision US Inc. transact a
`
`substantial amount of business in this District and own and/or operate offices in this District, and
`
`a substantial part of the events or omissions giving rise to the claims occurred in this District.
`
`Plaintiff Anatoliy Mikityuk
`
`THE PARTIES
`
`24.
`
`Plaintiff Mikityuk is an adult individual who is a resident of Jersey City, New
`
`Jersey.
`
`25.
`
`Plaintiff Mikityuk was employed by Cision in its New York, New York office
`
`from March 2019 to November 2019 as a Sales Development Representative.
`
`26.
`
`Plaintiff Mikityuk was an “employee” within the meaning of all applicable
`
` 
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`4
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` 
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`statutes.
`
`27.
`
`Plaintiff Mikityuk regularly worked more than 40 hours in a workweek but was
`
`not paid for all hours worked over 40. For example, to the best of his knowledge, in or around
`
`the week of April 8, 2019, Plaintiff Mikityuk worked approximately 10 to 15 overtime hours
`
`without receiving proper overtime compensation for all hours over 40.
`
`28.
`
`Plaintiff Mikityuk’s written consent to join this action is attached as Exhibit A.
`
`Plaintiff Mitch Tallungan
`
`29.
`
`Plaintiff Tallungan is an adult individual who is a resident of Crystal Lake,
`
`Illinois.
`
`30.
`
`Plaintiff Tallungan was employed by Cision in its Chicago, Illinois office from
`
`January 2016 to March 2018 as a Business Development Manager and a Business Development
`
`Executive.
`
`31.
`
`Plaintiff Tallungan was an “employee” within the meaning of all applicable
`
`statutes.
`
`32.
`
`Plaintiff Tallungan regularly worked more than 40 hours in a workweek but was
`
`not paid for all hours worked over 40. For example, to the best of his knowledge, in or around
`
`October 2017, Plaintiff Tallungan worked approximately 4.5 to 7 overtime hours each week
`
`without receiving proper overtime compensation for all hours over 40.
`
`33.
`
`Plaintiff Tallungan’s written consent to join this action is attached as Exhibit B.
`
`Plaintiff Michael Esquibel
`
`34.
`
`35.
`
`Plaintiff Esquibel is an adult individual who is a resident of Baltimore, Maryland.
`
`Plaintiff Esquibel was employed by Cision in its Beltsville, Maryland office from
`
`August 2018 to June 2019 as a Business Development Specialist.
`
` 
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`5
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`36.
`
`Plaintiff Esquibel was an “employee” within the meaning of all applicable
`
`statutes.
`
`37.
`
`Plaintiff Esquibel regularly worked more than 40 hours in a workweek, but was
`
`not paid for all hours worked over 40. For example, to the best of his knowledge, in or around
`
`October 2018, Plaintiff Esquibel worked approximately 8 overtime hours each week without
`
`receiving proper overtime compensation for all hours over 40.
`
`38.
`
` Plaintiff Esquibel’s written consent to join this action is attached as Exhibit C.
`
`Defendants
`
`39.
`
`40.
`
`nationwide.
`
`Defendants do business under the brand name, trade name, or mark “Cision.”
`
`Defendants jointly hold themselves out as employers of Sales Representatives
`
`41.
`
`Defendants maintain joint control over human resources and compensation
`
`policies that apply to Sales Representatives nationwide.
`
`42.
`
`Defendants share control over the terms and conditions of Sales Representatives’
`
`employment.
`
`43.
`
`Each Defendant, directly or indirectly and jointly or severally, directed the terms
`
`of employment and compensation of Plaintiffs and other similarly situated current and former
`
`Sales Representatives employed by Defendants nationwide.
`
`44.
`
`Upon information and belief, Defendants operate in concert in a common
`
`enterprise and through related activities so that the actions of one may be imputed to the other
`
`and/or so that they each act as employers and operate as joint employers within the meaning of
`
`the FLSA.
`
`45.
`
`Each Defendant had the power to control the terms and conditions of employment
`
` 
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`6
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`

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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 7 of 30
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`of Plaintiffs and other similarly situated current and former Sales Representatives nationwide,
`
`including without limitation, those terms and conditions related to the claims alleged herein.
`
`46.
`
`Upon information and belief, in September 2014, Cision acquired Visible
`
`Technologies, LLC (“Visible”), adding Visible’s products and services to Cision’s suite of client
`
`offerings.2
`
`47.
`
`Upon information and belief, in March 2015, Cision acquired Viralheat, Inc.
`
`(“Viralheat”), adding Viralheat’s products and services to Cision’s suite of client offerings.3
`
`48.
`
`Upon information in belief, in June 2016, Cision acquired PR Newswire
`
`Association, LLC (“PR Newswire”), adding PR Newswire’s products and services to Cision’s
`
`suite of client offerings, which Cision markets as “Cision: PR Newswire.”4
`
`49.
`
`Upon information and belief, in March 2017, Cision acquired Bulletin
`
`Intelligence, LLC, adding its products and services to Cision’s suite of client offerings, which
`
`Cision markets as “BulletinIntelligence: A Cision Insights Solution.”5
`
`50.
`
`Upon information and belief, in January 2018, Cision acquired Prime Research,
`
`LP (“Prime”), adding Prime’s products and services to Cision’s suite of client offerings.”6
`
`                                                            
`2
`Press Release, Cision, Cision and Vocus Announce Acquisition of Visible Technologies
`(Sept. 15, 2014), https://www.cision.com/about/news/2014-press-releases-2/cision-and-vocus-
`announce-acquisition-of-visible-technologies/.
`3
`Press Release, Cision, Cision Acquires Viralheat to Provide the Industry’s Most
`Comprehensive Social Suite (Mar. 23, 2015), https://www.cision.com/us/about/news/2015-press-
`releases/cision-acquires-viralheat-to-provide-the-industrys-most-comprehensive-social-suite/.
`4
`Press Release, Cision, Cision Completes Acquisition of PR Newswire (June 16, 2016),
`https://www.cision.com/us/2016/06/cision-completes-acquisition-of-pr-newswire/.
`5
`Press Release, Cision, Cision Acquires Bulletin Intelligence to Expand Decision-Making
`Support for Senior Leaders (Mar. 28, 2017), https://www.prnewswire.com/news-releases/cision-
`acquires-bulletin-intelligence-to-expand-decision-making-support-for-senior-leaders-
`300429995.html.
`6
`Press Release, Cision, Cision Completes Acquisition of PRIME Research (Jan. 24, 2018),
`https://www.cision.com/us/about/news/2018-press-releases/cision-completes-acquisition-of-
`prime-research-670876283/.
`
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`7
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`51.
`
`Upon information and belief, in January 2019, Cision acquired Falcon.io
`
`(“Falcon”), adding Falcon’s products and services to Cision’s suite of client offerings, which
`
`Cision markets as “Falcon.io.”7
`
`52.
`
`Upon information and belief, in January 2019, Cision acquired Trendkite, adding
`
`Trendkite’s products and services to Cision’s suite of client offerings.8
`
`Defendant Cision Ltd.
`
`53.
`
`Upon information and belief, Cision Ltd., is a corporation formed under the laws
`
`of the Cayman Islands with its principal place of business in Chicago, Illinois.
`
`54.
`
`Upon information and belief, Cision Ltd., is a subsidiary of Platinum Equity, a
`
`global investment firm.
`
`55.
`
`Upon information and belief, Cision Ltd. is the parent company of defendant
`
`Cision US Inc.
`
`56.
`
`Upon information and belief, Cision Ltd. holds itself out as the employer of Sales
`
`Representatives nationwide.9
`
`57.
`
`Cision Ltd. is a covered employer within the meaning of the FLSA and, at all
`
`times relevant, employed Plaintiffs and similarly situated employees.
`
`58.
`
`At all relevant times, Cision Ltd. maintained control and oversight over Plaintiffs
`
`and similarly situated employees, including timekeeping, payroll, and other employment
`
`                                                            
`7
`Press Release, Cision, Cision® Acquires Leading Social Media Company Falcon.io (Jan.
`3, 2019), https://www.prnewswire.com/news-releases/cision-acquires-leading-social-media-
`company-falconio-300772225.html.
`8
`Press Release, Cision, Cision® Acquires TrendKite, Extending Its Leadership in
`Measurement & Attribution (Jan. 23, 2019), https://www.prnewswire.com/news-releases/cision-
`acquires-trendkite-extending-its-leadership-in-measurement--attribution-300782846.html.
`9
`See, e.g., Associate Account Manager, Cision, https://www.cision.com/careers/associate-
`account-executive-1607040957930/ (last visited Dec. 28, 2020).
`8
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`practices that applied to them.
`
`59.
`
`Cision Ltd. applies the same employment policies, practices, and procedures to
`
`Sales Representatives nationwide, including policies, practices, and procedures with respect to
`
`the payment of overtime compensation.
`
`60.
`
`Upon information and belief, at all relevant times, Cision Ltd.’s annual gross
`
`volume of sales made or business done was not less than $500,000.00.
`
`Defendant Cision US Inc.
`
`61.
`
`Upon information and belief, Cision US Inc., is a corporation formed under the
`
`laws of the Delaware with its principal place of business in Chicago, Illinois.
`
`62.
`
`Upon information and belief, Cision US Inc. is a wholly-owned subsidiary of
`
`Defendant Cision Ltd.
`
`63.
`
`Upon information and belief, Cision US Inc. holds itself out as the employer of
`
`Sales Representatives nationwide.
`
`64.
`
`Cision US Inc. is a covered employer within the meaning of the FLSA and, at all
`
`times relevant, employed Plaintiffs and similarly situated employees.
`
`65.
`
`At all relevant times, Cision US Inc. maintained control and oversight over
`
`Plaintiffs and similarly situated employees, including timekeeping, payroll, and other
`
`employment practices that applied to them.
`
`66.
`
`Cision US Inc. applies the same employment policies, practices, and procedures
`
`to Sales Representatives nationwide, including policies, practices, and procedures with respect to
`
`the payment of overtime compensation.
`
`67.
`
`Upon information and belief, at all relevant times, Cision US Inc.’s annual gross
`
`volume of sales made or business done was not less than $500,000.00.
`
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`9
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`COMMON FACTUAL ALLEGATIONS
`
`68.
`
`Throughout their employment with Cision, Plaintiffs and other Sales
`
`Representatives regularly work or have worked in excess of 40 hours per week.
`
`69.
`
`Cision knew or had reason to know that Plaintiffs and other Sales Representatives
`
`worked more than 40 hours per workweek, yet Cision failed to pay them overtime compensation
`
`for all hours worked over 40 in a workweek.
`
`70.
`
`Cision failed to keep accurate records of all the hours that Plaintiffs and other
`
`Sales Representatives worked.
`
`71.
`
`Upon information and belief, Cision’s unlawful conduct has been pursuant to a
`
`corporate policy or practice of minimizing labor costs by violating the FLSA and state wage and
`
`hour laws.
`
`72.
`
`Cision was aware, or should have been aware, that federal and state wage and
`
`hour laws required it to pay Plaintiffs and other Sales Representatives overtime compensation for
`
`all hours worked in excess of 40 per week.
`
`73.
`
`Cision was aware, or should have been aware, that Plaintiffs and other Sales
`
`Representatives’ primary duties were sales-related tasks, including communicating with clients
`
`and potential clients via phone and email, researching sales leads, booking sales meetings with
`
`prospective clients, and/or makings sales of Cision’s products to current and/or prospective
`
`clients, and that these duties do not fall within any overtime exemption under the FLSA or state
`
`wage and hour laws.
`
`74.
`
`Cision’s failure to pay Plaintiffs and other Sales Representatives overtime was
`
`willful. Cision did not ensure that its compensation practices with respect to Plaintiffs and other
`
`Sales Representatives complied with federal or state law.
`
` 
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`10
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`75.
`
`Cision’s unlawful conduct has been widespread, repeated, and consistent.
`
`COLLECTIVE ACTION ALLEGATIONS
`
`76.
`
`Plaintiffs bring the First Cause of Action pursuant to the FLSA, 29 U.S.C.
`
`§ 216(b), on behalf of themselves and all similarly situated persons who work or have worked
`
`for Cision as Sales Representatives in the United States, who elect to opt in to this action (the
`
`“FLSA Collective”).
`
`77.
`
`All of the work that Plaintiffs and the FLSA Collective have performed has been
`
`assigned by Cision, and/or Cision was aware of or should have been aware of all of the work that
`
`Plaintiffs and the FLSA Collective have performed.
`
`78.
`
`As part of its regular business practice, Cision intentionally, willfully, and
`
`repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to
`
`Plaintiffs and the FLSA Collective. This policy and pattern or practice includes, but is not limited to:
`
`a.
`
`b.
`
`willfully failing to pay Plaintiffs and the members of the FLSA Collective
`overtime wages for all hours that they worked in excess of 40 hours per
`workweek; and
`
`willfully failing to record all of the time that Plaintiffs and the FLSA
`Collective have worked for the benefit of Cision.
`
`79.
`
`Cision was aware or should have been aware that federal law required it to pay
`
`employees performing non-exempt duties, including Plaintiffs and members of the FLSA
`
`Collective, an overtime premium for all hours worked in excess of 40 per workweek.
`
`80.
`
`Plaintiffs and the FLSA Collective perform or performed the same primary inside
`
`sales duties.
`
`81.
`
`Cision’s unlawful conduct has been widespread, repeated, and consistent.
`
`NEW YORK CLASS ACTION ALLEGATIONS
`
`82.
`
`The New York Plaintiff brings the Second, Third, and Fourth Causes of Action,
`
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`11
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`the New York Wage Law Claims, under Rule 23 of the Federal Rules of Civil Procedure, on
`
`behalf of himself and all similarly situated persons who work or have worked for Cision as Sales
`
`Representatives in New York on or after September 21, 2014 (the “New York Class”).
`
`83.
`
`Plaintiffs define the New York Class as follows:
`
`All persons who have worked for Cision as Sales Representatives at
`offices in the State of New York at any time from September 21, 2014
`through the date of final judgment in this matter (the “New York Class
`Period”).
`
`Excluded from the New York Class are Cision’s legal representatives, officers,
`
`84.
`
`directors, assigns, and successors, or any individual who has, or who at any time during the class
`
`period has had, a controlling interest in Cision; the Judge(s) to whom this case is assigned and
`
`any member of the Judge(s)’ immediate family; and all persons who submit timely and otherwise
`
`proper requests for exclusion from the New York Class.
`
`85.
`
`The members of the New York Class identified above are so numerous that
`
`joinder of all members is impracticable. Although Plaintiffs do not know the precise number of
`
`such persons, the facts on which the calculation of that number can be based are presently within
`
`the sole control of Cision.
`
`86.
`
`Upon information and belief, the size of the New York Class is at least 40
`
`individuals.
`
`87.
`
`Cision has acted or refused to act on grounds generally applicable to the New
`
`York Class, thereby making final injunctive relief or corresponding declaratory relief appropriate
`
`with respect to the New York Class as a whole.
`
`88.
`
`Common questions of law and fact exist as to the New York Class that
`
`predominate over any questions solely affecting individual members of the New York Class,
`
`including but not limited to:
`
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`12
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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 13 of 30
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`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`whether Cision violated the New York Wage Laws;
`
`whether Cision failed to compensate the New York Plaintiff and the New
`York Class for all hours worked in excess of 40 hours per workweek;
`
`whether Cision failed to keep true and accurate time records for all hours
`worked by the New York Plaintiff and the New York Class;
`
`what proof of hours worked is sufficient where an employer fails in its
`duty to maintain true and accurate time records;
`
`whether Cision complied with the NYLL’s wage statement requirement
`with respect to the New York Plaintiff and the New York Class;
`
`whether Cision failed to provide the New York Plaintiff and the New York
`Class with accurate wage statements;
`
`whether Cision complied with the NYLL’s wage notice requirement with
`respect to the New York Plaintiff and the New York Class;
`
`whether Cision failed to provide the New York Plaintiff and the New York
`Class with accurate wage notices; and
`
`the nature and extent of New York Class-wide injury and the appropriate
`measure of damages for the New York Class.
`
`89.
`
`The claims of the New York Plaintiff are typical of the claims of the New York
`
`Class they seek to represent.
`
`90.
`
`Plaintiff and the New York Class members work, or have worked, for Cision as
`
`Sales Representatives and have been subjected to its policy and pattern or practice of failing to
`
`pay overtime wages for all hours worked in excess of 40 hours per workweek.
`
`91.
`
`The New York Plaintiff and the New York Class members work, or have worked,
`
`for Cision as Sales Representatives and have been subjected to its policy and pattern or practice
`
`of failing to provide accurate wage statements.
`
`92.
`
`The New York Plaintiff and the New York Class members enjoy the same
`
`statutory rights under the New York Wage Laws, including the right to be paid overtime wages
`
`for all overtime hours worked. The New York Plaintiff and the New York Class members have
`
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`13
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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 14 of 30
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`all sustained similar types of damages as a result of Cision’s failure to comply with the New
`
`York Wage Laws. The New York Plaintiff and the New York Class members have all been
`
`injured in that Cision has undercompensated them due to Cision’s common policies, practices,
`
`and patterns of conduct.
`
`93.
`
`The New York Plaintiff will fairly and adequately represent and protect the
`
`interests of the members of the New York Class. The New York Plaintiff understands that, as a
`
`class representative, he assumes a fiduciary responsibility to the New York Class to represent its
`
`interests fairly and adequately. The New York Plaintiff recognizes that, as a class representative,
`
`he must represent and consider the interests of the New York Class just as he would represent
`
`and consider his own interests. The New York Plaintiff understands that, in decisions regarding
`
`the conduct of the litigation and its possible settlement, he must not favor his own interests over
`
`those of the New York Class. The New York Plaintiff recognizes that any resolution of a class
`
`action lawsuit, including any settlement or dismissal thereof, must be in the best interests of the
`
`New York Class. The New York Plaintiff understands that in order to provide adequate
`
`representation, he must remain informed of developments in the litigation, cooperate with class
`
`counsel, and testify, if required, at a deposition and/or trial.
`
`94.
`
`The New York Plaintiff has retained counsel competent and experienced in
`
`complex class action employment litigation. There is no conflict between the New York
`
`Plaintiff and the New York Class members.
`
`95.
`
`A class action is superior to other available methods for the fair and efficient
`
`adjudication of this litigation – particularly in the context of wage litigation like the present
`
`action, where individual plaintiffs may lack the financial resources to vigorously prosecute a
`
`lawsuit in federal court against a corporate defendant. Cision damaged the members of the New
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`York Class and the New York Class is entitled to recovery as a result of Cision’s common and
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`uniform policies, practices, and procedures. Although the damages individual members of the
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`New York Class have suffered are not de minimis, such damages are small compared to the
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`expense and burden of individual prosecution of this litigation. In addition, class treatment is
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`superior because it will obviate the need for unduly duplicative litigation that might result in
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`inconsistent judgments about Cision’s practices.
`
`96.
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`This action is properly maintainable as a class action under Federal Rule of Civil
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`Procedure 23(b)(3).
`
`ILLINOIS CLASS ACTION ALLEGATIONS
`The Illinois Plaintiff brings the Fifth Cause of Action, the Illinois Wage Law
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`97.
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`Claim, under Rule 23 of the Federal Rules of Civil Procedure, on behalf of himself and all
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`similarly situated persons who work or have worked for Cision as Sales Representatives in
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`Illinois on or after September 21, 2017 (the “Illinois Class”).
`
`98.
`
`Plaintiffs define the Illinois Class as follows:
`
`All persons who have worked for Cision as Sales Representatives at
`offices in the State of Illinois at any time from September 21, 2017
`through the date of final judgment in this matter (the “Illinois Class
`Period”).
`
`
`
`99.
`
`Excluded from the Illinois Class are Cision’s legal representatives, officers,
`
`directors, assigns, and successors, or any individual who has, or who at any time during the class
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`period has had, a controlling interest in Cision; the Judge(s) to whom this case is assigned and
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`any member of the Judge(s)’ immediate family; and all persons who submit timely and otherwise
`
`proper requests for exclusion from the Illinois Class.
`
`100. The members of the Illinois Class identified above are so numerous that joinder of
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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 16 of 30
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`all members is impracticable. Although Plaintiffs do not know the precise number of such
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`persons, the facts on which the calculation of that number can be based are presently within the
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`sole control of Cision.
`
`101. Upon information and belief, the size of the Illinois Class is at least 40
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`individuals.
`
`102. Cision has acted or refused to act on grounds generally applicable to the Illinois
`
`Class, thereby making final injunctive relief or corresponding declaratory relief appropriate with
`
`respect to the Illinois Class as a whole.
`
`103. Common questions of law and fact exist as to the Illinois Class that predominate
`
`over any questions solely affecting individual members of the Illinois Class, including but not
`
`limited to:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`whether Cision violated the Illinois Wage Laws;
`
`whether Cision failed to compensate the Illinois Plaintiff and the Illinois
`Class for all hours worked in excess of 40 hours per workweek;
`
`whether Cision failed to keep true and accurate time records for all hours
`worked by the Illinois Plaintiff and the Illinois Class;
`
`what proof of hours worked is sufficient where an employer fails in its
`duty to maintain true and accurate time records; and
`
`the nature and extent of Illinois Class-wide injury and the appropriate
`measure of damages for the Illinois Class.
`
`104. The claims of the Illinois Plaintiff are typical of the claims of the Illinois Class he
`
`seeks to represent.
`
`105. The Illinois Plaintiff and the Illinois Class members work, or have worked, for
`
`Cision as Sales Representatives and have been subjected to its policy and pattern or practice of
`
`failing to pay overtime wages for all hours worked in excess of 40 hours per workweek.
`
`106. The Illinois Plaintiff and the Illinois Class members enjoy the same statutory
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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 17 of 30
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`rights under the Illinois Wage Laws, including the right to be paid overtime wages for all
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`overtime hours worked. The Illinois Plaintiff and the Illinois Class members have all sustained
`
`similar types of damages as a result of Cision’s failure to comply with the Illinois Wage Laws.
`
`The Illinois Plaintiff and the Illinois Class members have all been injured in that Cision has
`
`undercompensated them due to Cision’s common policies, practices, and patterns of conduct.
`
`107. The Illinois Plaintiff will fairly and adequately represent and protect the interests
`
`of the members of the Illinois Class. The Illinois Plaintiff understands that, as a class
`
`representative, he assumes a fiduciary responsibility to the Illinois Class to represent its interests
`
`fairly and adequately. The Illinois Plaintiff recognizes that, as a class representative, he must
`
`represent and consider the interests of the Illinois Class just as they would represent and consider
`
`his own interests. The Illinois Plaintiff understands that, in decisions regarding the conduct of
`
`the litigation and its possible settlement, he must not favor his own interests over those of the
`
`Illinois Class. The Illinois Plaintiff recognizes that any resolution of a class action lawsuit,
`
`including any settlement or dismissal thereof, must be in the best interests of the Illinois Class.
`
`The Illinois Plaintiff understands that in order to provide adequate representation, he must
`
`remain informed of developments in the litigation, cooperate with class counsel, and testify, if
`
`required, at a deposition and/or trial.
`
`108. The Illinois Plaintiff has retained counsel competent and experienced in complex
`
`class action employment litigation. There is no conflict between the Illinois Plaintiff and the
`
`Illinois Class members.
`
`109. A class action is superior to other available methods for the fair and efficient
`
`adjudication of this litigation – particularly in the context of wage litigation like the present
`
`action, where individual plaintiffs may lack the financial resources to vigorously prosecute a
`
` 
`
`17
`
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`Case 1:21-cv-00510 Document 1 Filed 01/20/21 Page 18 of 30
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` 
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`lawsuit in federal court against a corporate defendant. Cision damaged the members of the
`
`Illinois Class, and the Illinois Class is entitled to recovery as a result of Cision’s common and
`
`uniform policies