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Cases & Results
Employment Lawsuits
Representing employees in class and collective action lawsuits nationwide

Girard Gibbs' employment lawyers have represented thousands of employees across the United States in employment class and collective action lawsuits, successfully prosecuting cases under the WARN Act and the FLSA as well as off-the-clock work and unreimbursed business expense violations. The firm's employment attorneys have recovered millions of dollars in damages in several high profile cases. 

If you have a question about one of the cases below or would like to discuss a potential case with one of our employment lawyers, please complete the form to the right or call us toll-free at (866) 981-4800.

Why Girard Gibbs?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

Related Cases
Summary

Girard Gibbs LLP represents Masco Retail Cabinet Group Account Representatives who service and merchandise Home Depot and Lowes stores. The complaint alleges that Masco violated federal wage and hour law by misclassifying its Account Representatives as exempt and denying them overtime pay for work performed in excess of forty hours per week.

The Arbitrator certified the case as a collective action and found that Masco's Account Representatives were not properly classified as outside salespersons. In December 2010, the parties had a two week arbitration (similar to a trial) on whether Account Representatives fell within the "administrative exemption" from the FLSA’s overtime requirements. We are still awaiting a ruling from the Arbitrator and expect it sometime in July 2011.

Alleged Legal Violation(s)
Summary
Summary

On December 16, 2011, the Court conditionally certified the case as a collective action. This means that all Acosta merchandisers who were employed since December 16, 2008 can join the lawsuit (called “opting in”) to receive benefits of the lawsuit. 

Acosta merchandisers have recently been sent a notice containing information about the case and the opt-in consent form (both are also available in the box to your upper right).

You must opt-in to the lawsuit by April 20, 2012, if you want to participate in the lawsuit. To date, over 4,000 have opted-in.

Alleged Legal Violation(s)
Summary

In 2009 Girard Gibbs and co-counsel filed a class action lawsuit on behalf of former Spansion employees. The lawsuit alleged that Spansion failed to provide the terminated employees from California and Texas with advance notice of the layoff, as required by the Workers Adjustment and Retraining Notification Act ("WARN Act").

The bankruptcy court approved the class action settlement negotiated by Girard Gibbs and co-counsel in 2010. The settlement was valued at $8.568 million and was distributed to former employees in 2010 and resulted in more than 750 former Spansion employees receiving direct cash payments.

Alleged Legal Violation(s)
Summary

Girard Gibbs filed a class action lawsuit on behalf of former employees of Fleetwood Enterprises alleging that Fleetwood violated the Worker Adjustment and Retraining Notification Act ("WARN"). After Fleetwood Enterprises filed for bankruptcy, Girard Gibbs pursued the class action in bankruptcy court.

In 2010 the bankruptcy court approved a settlement that provided back-pay to approximately 650 former Fleetwood employees. In addition, employees covered by the severance pay lawsuit received compensation for their severance pay claims.

Alleged Legal Violation(s)
Summary

Girard Gibbs and co-counsel filed a class action lawsuit against Cosmo alleging that merchandisers were not paid for time spent uploading data and photos from their PDAs before and after their scheduled shifts. The class action lawsuit alleged that Cosmo violated California labor & employment laws by not paying merchandisers for this required "off-the-clock" work.  The lawsuit sought to recover back-pay for the merchandisers employed in California.

Girard Gibbs and co-counsel negotiated a $1 million settlement with Cosmo in the class action lawsuit. The settlement was ultimately approved by the bankruptcy court because Cosmo filed for bankruptcy in 2008.

Alleged Legal Violation(s)
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