This case was last updated from U.S. District Courts on 11/22/2022 at 09:17:36 (UTC).

Knutson v. NCR Corporation

Case Summary

On October 26, 2022, Brian Knutson (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Douglas M. Werman, Maureen A. Salas, and Sarah J. Arendt of Werman Salas P.C., filed a class action lawsuit against NCR Corporation (“NCR” or “Defendant”), seeking damages for the alleged violation of the Fair Labour Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). This case was filed in the U.S. District Court for the Northern District of Illinois with Judge Jorge L. Alonso presiding. 

In the complaint, Plaintiff stated, “NCR is a leading software and services provider servicing the financial, retail, and hospitality industries. NCR operates nationwide and globally in Canada and Puerto Rico. NCR maintains corporate offices in 14 different states (including Illinois), six Canadian provinces, and in Puerto Rico and claims to employ approximately 36,000 employees globally.”

Plaintiff further stated, “To provide services to its clients, NCR employs customer engineers to provide its clients with onsite technical support across various platforms. Knutson worked as a customer engineer for NCR from approximately March 2020 through August 20, 2021. NCR paid Knutson (and its other customer engineers) on an hourly basis.”

The plaintiff claimed, “Knutson’s primary job was to report to service calls to provide onsite technical support to NCR’s clients by diagnosing and troubleshooting various electronical and mechanical issues, repair and such issues as necessary, upgrade NCR clients’ hardware and software, perform preventative maintenance, document required paperwork relating to work completed, and coordinate and communicate with NCR’s customers.”

Plaintiff alleged, “NCR’s other customer engineers performed the same or similar job duties as Knutson. The customer engineers’ job duties were largely routine and governed by NCR’s policies and procedures. On a daily basis, NCR required Knutson and its other customer engineers to report to their first jobsite by 8:00 a.m. NCR only allowed its customer engineers to report the hours they worked while physically at a job location.”

The plaintiff also alleged, “Knutson and NCR’s other customer engineers routinely performed necessary job duties while not physically at a job location, including but not limited to, communicating with NCR clients before and after jobsite visits, completing required paperwork, and driving from one jobsite to another. NCR did not allow Knutson and its other customer engineers to report the time they spent performing necessary job duties while not physically on location. NCR did not compensate Knutson and its other customer engineers for the time they spent performing necessary job duties while not physically on location.”

Additionally, the plaintiff alleged, “NCR paid the auto allowance as part of the customer engineers’ wages. NCR knew that all wages and non-discretionary bonuses were considered remuneration for purposes of the overtime rate. NCR knowingly or with reckless disregard failed to include the incentive bonuses and auto allowance in the regular rate for purposes of determining the correct overtime rate. As a result of NCR’s actions, Knutson and the customer engineers were paid less overtime wages than required by the FLSA and IMWL.”

Plaintiff presented two claims for relief, including the alleged violation of FLSA and IMWL. 

In the prayer for relief, Plaintiff requested an award for damages along with costs of litigation. 

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-05925

  • Filing Date:

    10/26/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - Labor Standard

Judge Details

Presiding Judge

Jorge L. Alonso

 

Party Details

Plaintiff

Brian Knutson

Defendant

NCR CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

Douglas M. Werman

Attorney at Werman Salas P.C.

77 West Washington, Suite 1402

Chicago, IL 60602

Maureen Ann Salas

Attorney at Werman Salas P.C.

77 W. Washington, Suite 1402

Chicago, IL 60602

Sarah Jean Arendt

Attorney at Werman Salas P.C.

77 W. Washington Street, Suite 1402

Chicago, IL 60602

 

Court Documents

1 #1

Main Document

1 #1

Exhibit 1

#2

(#2) CIVIL Cover Sheet (Werman, Douglas) (Entered: 10/26/2022)

#3

(#3) ATTORNEY Appearance for Plaintiff Brian Knutson by Douglas M. Werman (Werman, Douglas) (Entered: 10/26/2022)

#4

(#4) ATTORNEY Appearance for Plaintiff Brian Knutson by Maureen Ann Salas (Salas, Maureen) (Entered: 10/26/2022)

#5

(#5) ATTORNEY Appearance for Plaintiff Brian Knutson by Sarah Jean Arendt (Arendt, Sarah) (Entered: 10/26/2022)

#6

(#6) ATTORNEY Appearance for Plaintiff Brian Knutson by Michael A. Josephson (Josephson, Michael) (Entered: 10/27/2022)

#7

(#7) ATTORNEY Appearance for Plaintiff Brian Knutson by Andrew Dunlap (Dunlap, Andrew) (Entered: 10/27/2022)

#8

(#8) SUMMONS Returned Executed by Brian Knutson as to NCR Corporation on 10/31/2022, answer due 11/21/2022. (Josephson, Michael) (Entered: 11/01/2022)

#9

(#9) STIPULATION to Submit Binding Arbitration and Dismiss Action without Prejudice (Jarzyna, Andrew) (Entered: 11/16/2022)

#10

(#10) ATTORNEY Appearance for Defendant NCR Corporation by Andrew J. Jarzyna (Jarzyna, Andrew) (Entered: 11/17/2022)

#11

(#11) MINUTE entry before the Honorable Jorge L. Alonso: The parties having agreed to arbitrate this dispute, this case is dismissed without prejudice. Civil case terminated. Notice mailed by Judge's staff (lf, ) (Entered: 11/20/2022)

 

Docket Entries

  • 11/18/2022
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  • Docket(#11) MINUTE entry before the Honorable Jorge L. Alonso: The parties having agreed to arbitrate this dispute, this case is dismissed without prejudice. Civil case terminated. Notice mailed by Judge's staff (lf, ) (Entered: 11/20/2022)

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  • 11/17/2022
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  • Docket(#10) ATTORNEY Appearance for Defendant NCR Corporation by Andrew J. Jarzyna (Jarzyna, Andrew) (Entered: 11/17/2022)

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  • 11/16/2022
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  • Docket(#9) STIPULATION to Submit Binding Arbitration and Dismiss Action without Prejudice (Jarzyna, Andrew) (Entered: 11/16/2022)

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  • 11/01/2022
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  • Docket(#8) SUMMONS Returned Executed by Brian Knutson as to NCR Corporation on 10/31/2022, answer due 11/21/2022. (Josephson, Michael) (Entered: 11/01/2022)

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  • 10/31/2022
  • DocketSUMMONS Issued as to Defendant NCR Corporation (dxb, ) (Entered: 10/31/2022)

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  • 10/27/2022
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  • Docket(#7) ATTORNEY Appearance for Plaintiff Brian Knutson by Andrew Dunlap (Dunlap, Andrew) (Entered: 10/27/2022)

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  • 10/27/2022
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  • Docket(#6) ATTORNEY Appearance for Plaintiff Brian Knutson by Michael A. Josephson (Josephson, Michael) (Entered: 10/27/2022)

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  • 10/27/2022
  • DocketCLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) (Entered: 10/27/2022)

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  • 10/27/2022
  • DocketCASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (smb, ) (Entered: 10/27/2022)

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  • 10/26/2022
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  • Docket(#5) ATTORNEY Appearance for Plaintiff Brian Knutson by Sarah Jean Arendt (Arendt, Sarah) (Entered: 10/26/2022)

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  • 10/26/2022
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Brian Knutson by Maureen Ann Salas (Salas, Maureen) (Entered: 10/26/2022)

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  • 10/26/2022
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  • Docket(#3) ATTORNEY Appearance for Plaintiff Brian Knutson by Douglas M. Werman (Werman, Douglas) (Entered: 10/26/2022)

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  • 10/26/2022
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  • Docket(#2) CIVIL Cover Sheet (Werman, Douglas) (Entered: 10/26/2022)

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  • 10/26/2022
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  • Docket(#1) COMPLAINT filed by Brian Knutson; Jury Demand. Filing fee $ 402, receipt number AILNDC-19985898. (Attachments: #1 Exhibit 1)(Werman, Douglas) (Entered: 10/26/2022)

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