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BBG Litigation


This is the Themis PLLC web site for the firm’s class action case against the BBG for underpaying its contractors. Themis is the only firm with a case on file on behalf of BBG contractors. You can learn more about the case, and sign up to claim your potential recovery, below. No other web site relates in any way to this case. No other law firm has any role in this case. No other law firm has filed a case of its own. If you wish to be a member of this class action, you can start here. By filling out the form, we will take care of all the paperwork to add you to the class, confidentially, and add you to our mailing list. Throughout the litigation, we will keep you informed, continue to maintain your confidentiality, and help you collect any recovery to which you are entitled. We will do all of this for you FOR FREE.


About Information (Confidential)

Other Information

This webpage provides information regarding the class action lawsuit, Lee, et al. v. United States of America, 1:15-cv-01555-C, which Themis (the “Firm”) filed on December 21, 2015, in the United States Court of Federal Claims. A copy of the Amended complaint, filed on March 7th, 2016, can be found here. The named plaintiffs bring this action on behalf of themselves and all others who provided “personal services” to the Broadcasting Board of Governors (“BBG”) while allegedly being treated as independent contractors under purchase orders, personal services contracts, or blanket purchase agreements. The BBG generally referred to these contractors as “purchase order vendors” (“POVs”) or “personal services contractors” (“PSCs”). But no matter what the BBG called you, if you provided personal services to the BBG, you may be entitled to back pay and other compensation to make up for the higher rates of pay and other benefits provided to the federal government employees with whom you worked. We provide information below so you can determine whether you are a potential member of the class. Our lawsuit seeks back pay and other financial compensation for qualifying individuals who opt-in to the class. Importantly, you must affirmatively join the class to benefit from any recovery. Below, we tell you how to join, why you should consider joining now, how we will protect your confidentiality, and what you might be able to recover at no cost to yourself.

Check this webpage frequently; we will provide updates whenever there are significant developments in the lawsuit. If you have further questions, please send inquiries in complete confidence to BBGClassAction@Themis.US.com. The firm website is http://www.Themis.US.com/.

Am I a potential member of the class of plaintiffs?

If you were a contractor providing personal services to the BBG under a purchase order, personal services contract, or blanket purchase agreement, then you are a potential member of the class. It does not matter whether the BBG called you a POV or a PSC, or used some other term; if you were providing personal services, you may be entitled to compensation for the higher pay and greater benefits provided to federal government employees. There is a questionnaire below that will help us and the Court determine whether you were providing personal services, which are the key to the class action. There are several factors to be considered, but essentially, if you were working just like the federal employees around you, and were answering to a federal supervisor, you were probably providing personal services, and you may be entitled to compensation.

What is the class action trying to accomplish?

The class action demands back-pay to compensate the class members for the pay and benefits that, we allege, the BBG was unlawfully withholding from its contractors. The BBG has estimated that it deprived its contractors of $20,000 to $30,000 per person per year. We think the number is higher. If the class action is successful, the federal government may be directed to pay money into a fund. Contractors who have affirmatively joined the class may be able to submit a claim for payment so their individual recovery can be calculated. The goal of the class action is to fairly and appropriately compensate members of the class that the BBG mistreated as contractors.

Will the class action change my current job?

The class action addresses past and current wrongs against BBG contractors by award of money. The class action does not seek to change your current title, duties, compensation, or contract arrangement; specifically, we are not trying to abolish anyone's job. But the action does seek to compensate you for damages in your past and current situation.

How will the BBG pay a judgment or settlement?

In certain circumstances, federal agencies like the BBG do not pay judgments or settlements from their own budgets. The Judgment Fund is established by Congress and administered by the Department of the Treasury to pay court judgments and Justice Department settlements that are “not otherwise provided for” by another source of funds. If this lawsuit results in awards to BBG contractors, the Judgment Fund may be the source of payment.

Are my communications with the Firm, and my potential interest in joining the class, maintained in confidence?

As attorneys, we are bound by law to protect the confidentiality of any communication with us about your interest, your questions, your concerns, or anything else you wish to communicate with us about the class action. If you contact us at the email address provided on this page, we will maintain the confidentiality of your email, your identity, and all of your communications with us, to the full extent allowed by law.

Why should I decide to join your efforts now?

In a class action, the Court must certify the class. In an “opt-in,” as compared to the more typical “opt-out” class action, the sooner the potential class members acknowledge to the Court that they want their back-pay and compensation for other lost benefits, the more likely the Court will be to certify the class. Additionally, by submitting the attached form, you are authorizing us to undertake the tasks necessary for you to join the class if and when it is certified. Through your confidential contact information, we will keep you informed, in confidence, of the progress of the case. If you indicate your interest to opt in now, we will make your claim for a share of any recovery at the earliest possible time. Those who do not opt in to the class will not receive compensation from any Court award or settlement of this action.

Will you charge me fees or expenses?

No. The Firm is undertaking this matter on a contingent basis. That is, the Firm’s fees will only be paid from a recovery, and any attorney fees and reimbursement of the Firm’s expenses must be approved by the Court. Whatever the Court approves for fees and expenses will not be billed to you individually. You can authorize us now to opt you in to the class once certified, which we will do at no charge to you.

If I decide to join the class action now, when will my decision become known to others?

We will maintain a confidential list of persons who inform us through this website that they wish to join a class certified by the Court. At this stage of the litigation, we will request the Court to certify the class, but it is not certain that the Court will do so. That decision could take several months or longer, and if the Court denies our motion to certify the class, your decision to join may never be known. No matter what, your decision to join will be confidential until the Court orders that the members of the class be disclosed, which it may or may not ever do. Barring a Court order to the contrary, you will also have an opportunity to “opt out” of the class before class membership identities are revealed, even if you opt in today. If and when the Court orders disclosure of the list of class members, there should be hundreds of people who have joined, and no one person is likely to stand out. In fact, the more people who decide to join, and the earlier they decide, the better for everyone.

Can the BBG retaliate against people who contact the Firm or decide to join the class action?

If you seek information through this web site, your identity will be confidential. If you decide to join the class, your decision will be maintained in confidence by the Firm unless directed otherwise by the Court. Any disclosure of your identity will only be made after the Court orders the disclosure, if at all, and retaliation will be extremely unlikely under the federal laws designed to protect you from any such retaliation.

How do I join the class action?

You can indicate your intent to join the class by completing the short, confidential questionnaire attached. This is an opt-in class action. To share in any potential settlement or judgment, you must affirmatively opt-in to the class, if and when the class is certified by the Court. If you fill out the attached questionnaire, we will submit your claim for you when the Court orders it is time to do so. At that time, the Court will assess each claimant’s entitlement to a recovery.

Agreement to Opt In to the Class

Themis PLLC (the “Firm”) has filed a lawsuit against the United States of America on behalf of a class of workers of one of its agencies, the Board of Broadcasting Governors (“BBG”), for treating such workers as independent contractors rather than as federal government employees for purposes of pay, benefits and taxes. The Amended complaint on file (the “Amended Complaint”) is attached for your reference and incorporated herein. If you qualify as a potential member of the class outlined in the Amended Complaint, you will have an opportunity to opt in to the lawsuit if and when the Court certifies the class. This agreement is to reflect your intent to opt in to the class so that you may be considered for any compensation awarded by the Court to the class. Also attached is a questionnaire that will allow the Firm to prepare the paperwork necessary to file with the Court if and when the class is certified so that you may opt in to the class (if qualified). All information provided, including your identity, will be maintained confidentially unless and until ordered otherwise by the Court. Unless ordered otherwise by the Court, you will have an opportunity to withdraw your request to be a member of the class before your identity is revealed, if you decide that is necessary.

Please note that this lawsuit requires the Court to certify the class of persons entitled to relief for the claims alleged, and that unlike other class actions, the members of the class being considered must affirmatively agree to join the class (i.e., opt in) to be considered for benefits. By opting in, you waive your rights to bring an individual action.

The Firm has agreed to represent all those similarly situated to the named plaintiffs in the Amended Complaint. Through this agreement, we agree to be committed to one another. As counsel for the class, we cannot properly represent the interests of the class of aggrieved BBG contract workers without the commitment of each member of the class, including you, to cooperate towards a successful resolution of the disputes articulated in the Amended Complaint. To that end, you agree to preserve all of your documents and evidence related to the claims in the Amended Complaint until the matter is resolved or we inform you preservation is no longer necessary, and you agree to contact us if you have any questions about whether documents or information in your possession or control should be retained. In addition, you agree to update us with any changes in your contact information, including any change of name, address, email, phone number, or employment while the matter is pending.

The Firm is undertaking this matter on a contingent fee basis. That is, the attorneys will not receive fees unless and until a recovery is made in the lawsuit. The Firm is not charging hourly fees to the named plaintiffs or class members, but rather will be paid its fees contingent on the success of the suit by way of verdict, settlement, judgment, award or resolution of any kind. Any award of fees to the Firm must be approved by the Court. The Firm is also advancing reasonable preliminary expenses of the litigation, which will be repaid from a recovery, if any. In the event the Firm is terminated as counsel, it will seek its pro rata share of any award of fees or appropriate compensation at hourly rates in addition to reimbursement of its expenses.

Although the Firm is the advocate for the plaintiffs and will advocate for any class certified by the Court, understand that class members are also protected by the Court. For example, in a class action the Court must approve such things as settlement terms and attorney fees. Therefore, class members will have an opportunity to be heard by the Court before such things as settlement terms or attorney fees are approved by the Court.

If the Court does not certify the case as a class action, understand that the Firm will consider representing individual plaintiffs in direct actions, but the terms of any such engagement will be separately negotiated and agreed upon between each individual and the Firm after the Court’s order denying certification is issued.

By signing this agreement, you acknowledge that you are signifying your intent to opt in to the class once the class is certified by the Court. Please proceed to the confidential questionnaire to provide the Firm with the information necessary to submit your opt in paperwork (if qualified) once the class is certified. We are pleased to be working on this important matter on behalf of the named plaintiffs and all prospective class members.

The questions below will give us information that Themis PLLC needs before committing to opt you into the class, if and when the class is certified. At that time, based on the Court’s definition of the class, we will determine whether you are likely a class member, and if so, we will submit your information to the Court.

The following questions pertain to the nature of services you provided to the BBG