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.
Family Video Overtime Lawsuit Update
We are pleased to announce that on February 22, 2012, the Court conditionally certified the case as a collective action for purposes of issuing notice of the case. To date, over 800 employees have opted-in to the case. However, the Court has not addressed the merits of the case or whether the case may ultimately proceed as a collective or class action for trial. Those issues will be decided by the Court at a later date.
The parties have also been working on the fact-gathering (or “discovery”) part of the case in order to prepare for trial. Among other things, the parties have taken depositions of Family Video employees and corporate representatives. The parties have also exchanged a lot of documents, including relevant employment policies and records – a process that will continue until trial. If you opted into the case, you may be contacted in the near future to participate in this discovery process.
Currently, the Court has not yet set a trial date, and we are waiting on a ruling from the Court regarding our motion to certify a class action on claims that Family Video also violated Illinois Minimum Wage Law.
Contact our Employment Lawyers
Family Video employees are welcome to contact our employment lawyers with any questions about this case. Please fill out the form to the right or call us toll-free (866) 981-4800 for your confidential consultation.