Family Video Unpaid Overtime Lawsuit

Employment Lawyers File Lawsuit Against Family Video

On March 14, 2011, Girard Gibbs LLP and Hagens Berman Sobol Shapiro LLP filed a class and collective action lawsuit on behalf of Family Video hourly retail employees. The lawsuit alleges that Family Video violated the Fair Labor Standards Act (“FLSA”), as well as state law by not paying overtime when employees worked more than 40 hours per week.

The lawsuit is brought on behalf of all Family Video hourly employees from March 2008 through the present who were not paid for all hours they worked "(off the clock)." Examples of "off the clock" work include, being required to:

• Work before clocking in or after clocking out for store opening or closing duties.


• Clock out to call or meet with a manager or supervisor.


• Work on days off without clocking in.


• Clock out and then having to do bank runs or money drops.

Family Video Class Action Lawsuit Case Update

Family Video made an early attempt to dismiss some of our claims, which is a routine event in this kind of case. In August, the judge mostly denied Family Video’s request and now we will ask the judge to certify the case a collective and class action and proceed to trial. If the judge grants our request Family Video employees eligible to benefit from the case will be provided notice of their rights. Our next court date should be in January 2012.

How do I join the Family Video Overtime Lawsuit?

Family Video employees who are interested in participating in the lawsuit must sign a consent form to “opt-in” to the case.

The consent form can be obtained from our office by calling toll-free at (866)981-4800 or filling the form out to your right. All inquiries are confidential and there is no charge for contacting Girard Gibbs to obtain a consent form or to discuss your legal rights.

If you are interested in participating in the lawsuit, it is very important that you sign and send us your consent form as soon as possible. This is because there are time limitations to your claims that are only preserved once you opt-in.

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.

Why Girard Gibbs LLP?

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.