Current Wage & Hour Cases
Under the federal Fair Labor Standards Act (FLSA) and similar state laws, an employee who works more than 40 hours a week is generally entitled to time and a half overtime. This is true unless the person is an “exempt” employee under the FLSA or state wage and hour laws, and fits within one of the “exemptions” provided by those laws. In recent years, many companies have disregarded the FLSA and state wage and hour laws by requiring their workers to work more than 40 hours per week without being paid overtime. Mason LLP has successfully prosecuted cases in this area, including on behalf of Staples’ assistant managers that recently settled for $42 million. We currently represent assistant managers working for a variety of other companies including Pizza Hut, Rite Aid, and Avis. We also represent cable installers who are allege that they are “jointly employed” under the FLSA and state wage and hour laws by Comcast, and who are not paid overtime.
Pizza Hut Assistant Managers and Manager Trainees
Mason LLP, along with co-counsel, has brought a class and collective action on behalf of current and former assistant managers and manager trainees who worked at Pizza Hut of Maryland, Inc., restaurants. Plaintiff alleges that he, and other assistant managers and manager trainees worked over 40 hours per week, and Pizza Hut failed to pay overtime in violation of the FLSA and Maryland Wage and Hour Law.
Rite Aid Assistant Managers
Mason LLP, along with co-counsel, has brought a class action on behalf of current and former assistant managers who worked at Rite Aid stores in Maryland. Plaintiff alleges that he, and other assistant managers worked over 40 hours per week, and that Rite Aid failed to pay overtime in violation of the Maryland Wage and Hour Law.
Avis Airport Managers
Mason LLP, along with co-counsel, has brought a collective action on behalf of current and former airport managers who worked at Avis airport locations across the country. Plaintiff alleges that he, and other airport managers worked over 40 hours per week, and that Avis failed to pay overtime in of the FLSA.
Comcast Sub-contractor Cable Technicians
Mason LLP, along with co-counsel, has brought a class and collective action on behalf of current and former cable installers who performed work for Comcast’s customers. Plaintiffs worked in excess of 40 hours per week, yet were not paid overtime. Plaintiffs allege, among other things, that Comcast is their joint employer under the FLSA, and that it therefore liable to them for unpaid overtime.
Settled Wage & Hour Cases
Mason LLP served as Co-Counsel in a dozen wage and hour lawsuits against Staples, Inc. alleging the misclassification of its assistant store managers and seeking overtime pay for hours worked in excess of 40 hours per week. Plaintiffs contended that overtime pay was required by the Fair Labor Standards Act and the laws of certain states. The case recently settled in the United States District Court for the District of New Jersey.
Under the terms of the global settlement, which is subject to court approval, the Company has agreed to pay $42 million to resolve the allegations and end the litigation that has been ongoing for the past three years. The Company has also agreed to drop its appeal of a $4.9 million judgment against it last year in New Jersey after a month and a half long jury trial (Stillman v. Staples, Inc., 07-cv-849, D.N.J.) on behalf of Sales Managers who had joined that case. That case, a case pending in Massachusetts state court and ten cases that are centralized in the United Stated District Court for the District of New Jersey as part of a multidistrict litigation proceeding are included in the settlement. The settlement amount resolves claims for damages dating back as far as 2002 for some of the settlement class members and covers more than 5,000 current and former associates from all states in which Staples does business outside of California.
If you were an opt-in plaintiff in the Stillman case and did not complete any workweeks in any Assistant Manager position (including Sales Manager, Operations Manager, Assistant General Manager, Assistant Manager or Copy and Print Center Manager) other than weeks that were included in the Stillman judgment, click here for the Stillman Notice.
If you were an opt-in plaintiff in the Stillman case and also completed workweeks in an Assistant Manager position during one of the applicable class periods that were not included in the Stillman judgment, click here for the Stillman-Plus Notice.
If you were not an opt-in plaintiff in the Stillman case, click here for the Non-Stillman Notice.