Barbosa v Kellermeyer Bergensons Services

Welcome to the Barbosa v Kellermeyer Bergensons Services Overtime Litigation Website.

The Court authorized notice to persons who work, or worked, at an Amazon facility providing janitorial services on behalf of Defendant Kellermeyer Bergensons Services, LLC (KBS) through KBS subcontractor Majestic (and/or Magic) Quality Maintenance related to the allegation that they failed to pay overtime. If you performed janitorial services at Amazon locations on behalf of Kellermeyer Bergensons Services, LLC (KBS) through KBS subcontractor Majestic (and/or Magic) Quality Maintenance (MQM) at any time since October 24, 2021, and October 22, 2025, (FLSA Collective Period), then this website advises you of your right to join a lawsuit seeking to recover overtime wages.

Five individuals who worked at Amazon locations performing janitorial services on behalf of KBS through MQM (called the “Plaintiffs”) have sued KBS, claiming that KBS was their joint employer with MQM, and therefore, KBS owes them overtime wages and liquidated (double) damages under the Fair Labor Standards Act (“FLSA”).
The Plaintiffs claim that they worked more than forty (40) hours a week at various Amazon locations and were not paid overtime.
KBS denies these allegations in their entirety, and specifically denies that it jointly employed MQM workers, engaged in unlawful activity, failed to comply with the law, or has any liability to anyone under the claims.
The Court has not yet decided who is right or wrong or expressed an opinion on the claims or defenses. Your legal rights to share in the lawsuit may be affected by such a decision, and you have a choice to make now.

Your Legal Rights and Options

Do Nothing	If you do not wish to join the lawsuit and assert FLSA claims, you do not need to do anything. If you do not join, you will not be directly affected by any judgment issued or settlement approved by the Court in this lawsuit – whether it is favorable or unfavorable. You will not be entitled to share in any amounts recovered in this lawsuit, and you will retain the right to bring your own claims.
Opt In to the Settlement	You may submit a Consent to Join Form to Opt In to the Settlement. If you join, the Plaintiffs in the case and the lawyers listed in FAQ 4 will represent you and work with you to try to obtain overtime wages and other damages you may be owed. You may be subject to discovery from KBS, including written discovery, and may be required to provide sworn testimony at a deposition and/or at trial. The Court will determine your rights to any money. You will be bound by the Court’s judgment, whether it is favorable or unfavorable, on all issues including settlement. The deadline to submit a Consent to Join Form to Opt In to the Settlement is 08/29/2026.