Case No. 1:17-cv-03614-ELR





This is not an advertisement. This is a legal notice that may affect your rights. Please read this notice carefully.


RE: TORION SELLERS, RENEE BELL AND KEITH RUSSELL, individually and on behalf of all others similarly situated v. SAGE SOFTWARE, INC d/b/a SAGE NORTH AMERICA, AND PAYA, INC (formerly known as SAGE PAYMENT SOLUTIONS, INC) ND. GA., Case No.  1:17-cv-03614-ELR

TO: All persons currently or formerly employed by Sage Software, Inc. and Paya, Inc., (formerly known as Sage Payment Solutions, Inc.) (the "Defendants") from July 13, 2015 to the present who worked as non-exempt Inside Sales Representatives under the titles of Account Manager, Account Executive or any other job title performing insides sales in either the Lawrenceville, Atlanta or Dunwoody offices of Sage Software, Inc. or Paya, Inc. (formerly known as Sage Payment Solutions, Inc.)

  1. Purpose of this Notice

    1. You received this Notice to notify you about the existence of a collective action lawsuit pursuant to the Fair Labor Standards Act ("FLSA") for unpaid overtime wages filed against the Defendants in which you might be a member of the class. You have been identified as a member of the class of similarly situated non­exempt inside sales representatives who work now or have worked for Sage Software, Inc. or Paya, Inc. (formerly known as Sage Payment Solutions, Inc.) during the relevant three-year class period at issue in this case. You are receiving this notice because your legal rights may be affected by the results of this lawsuit and the Court has determined, at this stage, that all claims for overtime wages by members of this defined group should be collectively handled in a single lawsuit. This notice instructs you on the procedure for participating in this lawsuit, if you so desire. As explained below, the Court has not decided or expressed any opinion on the merits of this case.

  2. Description of the Lawsuit

    1. Torion Sellers, Renee Bell and Keith Russell (the "Plaintiffs") filed a lawsuit in the United States District Court for the Northern District of Georgia on behalf of themselves and all similarly situated past and present non-exempt inside sales representatives who worked for Sage Software, Inc. or Paya, Inc. (formerly known as Sage Payment Solutions, Inc.) (together referred to as the "Defendants"). Plaintiffs claim that they routinely worked over 40 hours in one or more workweeks during their employment and were not paid overtime compensation for all overtime hours worked, and were not paid time and one half their regular rate of pay for all overtime hours worked as required by federal law pursuant to the FLSA. Plaintiffs further claim that the Defendants failed to comply with the FLSA timekeeping requirements for non-exempt employees by not keeping an accurate time keeping or time tracking system to record all time worked by the inside sales representatives. Plaintiffs claim they are owed overtime wages for all hours worked at rates of one and one half their regular rates of pay, including the value of their commissions in the calculations, plus an equal sum in liquidated damages (double damages) as a penalty for the Defendants' alleged lack of good faith and violations of the FLSA. Plaintiffs claim that Defendants knew or should have known that inside sales representatives were working off the clock and over 40 hours per week and not being paid overtime wages for all time worked as required by the FLSA.

      Sage Software, Inc. and Paya, Inc. (formerly known as Sage Payment Solutions, Inc.) deny all of Plaintiffs' allegations and deny all liability for alleged unpaid overtime wages to all Plaintiffs and any other requested relief. The Court has not yet decided whether the claims or defenses have any merit or whether this case will proceed to trial. There is no money available now and there is no guarantee that there will be. However, you have a choice to assert your legal rights to any claims you may have for unpaid overtime wages by joining this case through the consent form attached to this notice.

  3. Your Legal Rights & Options

    1. A.      You May Choose to Join this Lawsuit

      If you wish to join this lawsuit, you must complete and sign the enclosed Consent to Join form and send it by U.S. mail, email, or by fax to the Claims Administrator:


      PO BOX 23678


      TELEPHONE: (888) 766-7538

      FAX: (888) 470-3536

      EMAIL: [email protected]



      Your completed Consent to Join form must be received by Plaintiffs' counsel or the Claims Administrator no later than September 11, 2018 or you will not be allowed to participate in this lawsuit.

      If you join the lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable. By "opting in," you give up your right to separately file a lawsuit against the Defendants for the same legal claims brought in this lawsuit. If you opt-in, your attorney's fees and costs will be on a pure contingency basis, that is, you will not be charged any fees or costs by Plaintiffs' counsel unless there is a recovery, and such fees and costs may either be paid directly by the Defendants or, upon approval by the Court, a percentage of the total recovery if there is a settlement or judgment. The decisions and agreements made and entered into by the Representative Plaintiffs: Torion Sellers, Renee Bell and Keith Russell will be binding on you if you join this lawsuit.

      Further, you should know that you will receive damages only if: (1) you join the lawsuit by sending in the Consent to Join form; (2) the Court determines that your claims are similar to others to be pursued as one lawsuit; (3) the  Court  determines that your claim is not barred by the statute of limitations; and (4) either the parties settle the Plaintiffs'  claims or Plaintiffs  prevail on their claims at  trial.  If the case is settled, the Court will have to approve the fairness of any proposed settlement.

      If you join this lawsuit, you might be required to provide information or otherwise participate in the case while it is pending, including but not limited to responding to written discovery or sitting for a deposition, and possibly appearing for a trial in Atlanta.

      B.      You May Choose Not to Join the Lawsuit

      You are not required to join the lawsuit.  It is your choice as to whether you wish to join. By doing nothing, you retain your right to bring your own separate lawsuit against the Defendants. However, if you do not participate in the lawsuit, you will not be eligible to receive any portion of any settlement, recovery, or court awarded damages if obtained in this lawsuit. Your rights to make any claim for unpaid overtime wages are subject to a two or three year statute of limitations, and only the filing of a consent form in this case, or filing of your own lawsuit can stop time from barring some or all of your right, if any, to recover allegedly unpaid overtime wages.

      C.      Retaliation Against You is Forbidden and Unlawful under the Fair Labor Standards Act (FLSA).

      Federal law prohibits Sage Software, Inc. and Paya, Inc. (formerly known as Sage Payment Solutions, Inc.) from taking any adverse employment action against you because you have opted into this lawsuit by filing the consent form. If you are currently employed by Sage Software, Inc. or Paya, Inc. (formerly known as Sage Payment Solutions, Inc.) and file an Opt In Consent Form, you must continue to do your job and follow the existing policies and work rules.  Sage Software, Inc.  and Paya, Inc. may still discipline you (including terminating your employment) for reasons unrelated to your decision to participate in this lawsuit, including but not limited to your failure to perform your duties or follow the existing policies.

      D.      Right to a Lawyer

      The named Plaintiffs, Torion Sellers, Renee Bell, and Keith Russell, have hired the law firm of Feldman Williams PLLC, along with attorney Mitchell L. Feldman, Esq. to represent their interests and those who opt-in and elect to have these attorneys represent them as well. If there is a recovery, Plaintiffs' attorneys will either receive a percentage of that recovery or will seek to have their fees paid by the Defendants. You are not required by law to hire Mitchell Feldman, Esq. or Feldman Williams PLLC and you may represent yourself or independently hire your own legal counsel at your own expense.

      Further information about this lawsuit may be obtained by writing or calling legal counsel for the Representative Plaintiffs, Mitchell Feldman, Esq.  and   Feldman Williams PLLC at the address and contact information listed below. The pleadings and other records in this case may be inspected and copied during regular office hours at the Clerk's Office, U.S. Courthouse, 75 Ted Turner Drive, S.W., Suite 2211, Atlanta, Georgia, 30303.

      For a fee, you may also access all records in this case online by utilizing the Public Access to Court Electronic Records (PACER) service at 

      E.      The Claims Administrator

      The Plaintiffs' lawyers have hired a third-party claims administrator to handle and facilitate the processing of consent forms. To opt-in, you must follow the instructions set forth in Section 3(A).

      A copy of this Notice and Consent Form and copies of the Complaint can be found online at the following website and can be electronically signed there as well:

      To be timely, the Claims Administrator, or Attorneys for the Representative Plaintiffs must receive your Opt-in Consent Form no later than September 11, 2018, and it must be filed with the court. If you want to opt-in and assert a claim for overtime wages in this case, please verify that American Legal Claims has received your Opt-in Consent Form no later than the closing date of the 60-day notice period or you will lose your right to opt-in. You should receive a confirmation from Feldman Williams PLLC or American Legal Claims that your consent form has been received, and, has been filed with the Court within approximately 14 days after you sent it or signed it electronically. If you do not receive this confirmation, Feldman Williams PLLC or the Claims Administrator may not have received it and you may contact the Plaintiffs' lawyers at their telephone number below to avoid being foreclosed from participating in this suit.

      If you otherwise have any questions about this notice you are encouraged to contact American Legal Claims. If you have any other questions about the lawsuit, you may contact the Plaintiffs’ attorney directly at:


      [email protected]

      (877) 946 8293


      The Court has taken no position regarding the merits of Plaintiffs' claims or Sage Software, Inc.'s and Paya, Inc.'s (formerly known as Sage Payment Solutions, Inc.) asserted defenses.