Family Video Overtime Lawsuit
On March 14, 2011, Girard Gibbs LLP and Hagens Berman Sobol Shapiro LLP filed a proposed class
and collective action
lawsuit on behalf of Family Video hourly retail employees. The lawsuit generally alleges that Family Video violated the Fair Labor Standards Act (“FLSA”)
, as well as state law, by not properly paying overtime
when employees worked more than 40 hours per week.
The lawsuit is brought on behalf of all Family Video hourly employees in the past three years who were not paid for all hours they worked (working “off the clock
”). The Plaintiffs have alleged that Family Video did not properly pay all wages and overtime due to employees by:
Failing to pay hourly employees for “off-the-clock” work performed before and after their shifts such as assisting customers, cleaning and maintaining the stores, performing inventory-related tasks, taking bank deposits, and other opening and closing work.
Failing to pay employees for “off-the-clock” errands such as purchasing store supplies, or picking up DVDs from other Family Video locations.
Failing to pay employees for time spent travelling and commuting to Family Video locations other than their primary store.
Miscalculating hourly employees’ overtime rates by failing to include commissions paid.
The lawsuit seeks unpaid wages, penalties, interest and attorneys’ fees. Family Video denies Plaintiffs' allegations and is denfending the lawsuit. Family Video also believes that it has a range of defenses against Plaintiffs' claims. The court has not yet made any determination of the merits of the case.