Capital Management Services Group, Inc. – Wage Violations Lawsuit
Capital Management Services Group, Inc. - Wage Violations
Barkan Meizlish DeRose Cox LLP along with the Pennsylvania law firm of Manes & Narahari, LLC filed two lawsuits against Capital Management Services Group, Inc. and Center One, in the Western District of New York, case number 1:24-cv-00592-LJV before the Honorable Judge Vilardo styled Stoot, et al. v. Capital Management Services Group, Inc., et al and in the Western District of Pennsylvania, case number 2:22-cv-823-MRH before the Honorable Judge Hornak styled Fulton, et al., v. Capital Management Services, L.P., et al alleging violations of federal, Ohio, New York, and Pennsylvania state wage laws. The lawsuit, filed on behalf of call center agents, claims that employees were required to spend time before and during their shifts booting up software systems and addressing technical issues, all while off the clock. Additionally, the case alleges that call center agents were forced to work through their lunch breaks without receiving compensation. These practices are alleged to violate the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act, the New York Minimum Wage Act, and the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payments and Collection Act. Please see the Complaints linked HERE for more information.
PRESS RELEASE
October 1, 2025
Federal Court Grants Conditional Certification in Wage and Hour Class Action Against Capital Management Services
Buffalo, NY — In a significant victory for workers, the United States District Court for the Western District of New York has granted conditional certification in a collective action lawsuit brought under the Fair Labor Standards Act (FLSA) against Capital Management Services, L.P. and Center One, LLC.
The decision, which was issued on September 9, 2025 by Judge Michael J. Roemer, allows the case to proceed as a collective action, paving the way for current and former remote/hybrid non-exempt employees[1] jointly employed by Capital Management Services, L.P. and Center One, LLC, between November 1, 2021 and September 9, 2025 to join the lawsuit and seek unpaid wages and overtime compensation.
The plaintiffs — Robin Stoot, Lisa Phillips, and Vanessa Hill — filed suit on behalf of themselves and others similarly situated, alleging that the defendants failed to properly pay overtime wages as required by federal law. The plaintiffs were employed as customer service representatives or in similar roles.
The Court’s ruling permits notice to be sent to eligible employees who worked for Capital Management Services, L.P. or Center One, LLC within the past three years. Those individuals will now have the opportunity to opt into the lawsuit and potentially recover damages for unpaid wages.
The case is Stoot et al. v. Capital Management Services, L.P. and Center One, LLC, Case No. 1:24-cv-00592-LJV-MJR, pending in the United States District Court for the Western District of New York.
Contact:
Barkan Meizlish DeRose Cox, LLP
Bob DeRose, Esq. and Anna Caplan, Esq.
Phone: (614) 221-4221
bderose@barkanmeizlish.com
acaplan@barkanmeizlish.com
[1] Residents of Pennsylvania are excluded from this group.
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