Archer v. Defenders, Inc. Case

This website provides information about the Archer v. Defenders, Inc. case, which is pending in federal court in the United States District Court for the District of Delaware.  The plaintiffs in this lawsuit claim that Defenders failed to pay proper overtime to its Security Advisors, as required under the federal Fair Labor Standards Act (“FLSA”). The plaintiffs also allege that Defenders has breached its contractual obligation to pay the Security Advisors for all work performed, including attending daily and weekly meetings and traveling to and from jobs where they install or service home security systems. Click here to read a copy of the complaint.

In this lawsuit, the current and former Security Advisors employed by Defenders have joined together to seek back wages owed to them for time spent attending meetings and traveling, and for unpaid overtime that would have been paid if Defenders had properly tracked and paid for all hours worked, including performing these tasks.

On November 14, 2018, the Court granted conditional certification for the claims brought under the FLSA, which meant that claimants who filed a consent to join the action could participate in the action, joining together as part of a group to pursue their claims. The time to file such consents expired on March 4, 2019. Click here to read a copy of the order granting the motion. Notice was sent to Security Advisors who were eligible to join in this action. Approximately 575 Security Advisors (current and former) have filed consents, and will be eligible to participate in the case going forward as it relates to the FLSA claims.  In addition, later in the case, the plaintiffs will file a motion for class certification for the breach of contract claim.  If this motion is granted, all Security Advisors who worked for Defenders during the relevant time period would be entitled to be part of the class as it relates to the contract claim.

The case is now entering the phase known as discovery, which involves an exchange of documents between sides, and taking sworn testimony (in depositions) from Security Advisors and Defenders employees. See the Updates page for further details.