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General Nutrition Centers Inc. “Store Managers & Assistant Store Managers” Overtime Lawsuit

Store Managers & Assistant Store Managers at GNC are suing for unpaid overtime wages. You might be able to join if you were an Assistant Store Manager at GNC during the last three years. Continue reading for details.

 

I. Who is the defendant?

General Nutrition Centers, Inc., (GNC) is headquartered in Pittsburgh, Pennsylvania according to their website is a leading global specialty retailer of health and wellness products. GNC has more than 6,400 location in the United States including franchise and Rite Aid franchise store-within-a store locations.


II. What is this case about?

Unpaid overtime wages. Store Managers and Assistant Store Managers at General Nutrition Centers Inc. (GNC) are paid a salary but not paid any overtime wages when they work beyond 40 hours in a week. We claim in this lawsuit that this is wrong and that Store Managers and Assistant Store Managers are entitled to be paid on an hourly basis, including time and a half when they work more than 40 hours in a week. Click here to read the lawsuit itself.


III. But I am salaried? I thought that mean that I don’t get overtime?

Not true. Whether or not you get overtime is a question of law, and the fact that an employer pays you a salary and no overtime premiums does not mean that you aren’t entitled to overtime. We see many examples of employees who are told that they are salaried when in fact they should have been paid on an hourly basis, including time and a half for hours over forty.


IV. What does the law require?

State and federal overtime laws require employers to pay time and a half when employees work more than 40 hours in a week. There are exceptions to this rule. Including, exemptions for executives, professionals, and administrators, there are also exemptions for outside sales and inside sales (but only when commissions are more than half of the employee’s total pay). Employees are allowed to join collective actions simply by signing and returning a consent form.


V. What court is the case filed in?

This case is filed in Federal Court in Connecticut. 


VI. Can I join? If so, how?

If you have questions about how you can participate in this case, you should call the attorneys representing the Plaintiffs.  They are:

Attorney Josh Goodbaum and Attorney Robert Richardson of
Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti P.C.
405 Orange Street
New Haven CT 06511
(203) 777-4425

Attorney Richard Hayber
The Hayber Law Firm, LLC
221 Main Street, Suite 502
Hartford CT 06106
(860) 522-8888


VII. Should I fear retaliation?

No.  It is illegal to retaliate against an employee who participates in a lawsuit like this.  If you experience retaliation, we will help you.


VIII. What if I don’t have records of my hours?

Don’t worry. Employees who are misclassified as “exempt” and not paid overtime can still sue even if they didn’t keep time records. The hours that you worked can usually be determined by other methods, including when you logged in and off a computer system, when you sent emails or made phone calls and other ways.


IX. Where can I go to get answers to my questions?

Call us. You are always welcome to call us at Hayber Law Firm who will do their best to answer your questions. Our number is 860-522-8888.


X. Who are the attorneys representing Store Managers and Assistant Store Managers?

Hayber Law Firm, LLC of Hartford, Connecticut and Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti, P.C.. of New Haven, Connecticut.  The Store Managers and Assistant Store Managers who brought this lawsuit are being represented by the Hayber Law Firm and Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti, P.C.  We are experienced overtime class action lawyers and have successfully handled cases like this in the past.


XI. How much can I expect to get?

It depends. We claim that Store Managers and Assistant Store Managers should be paid for the hours they worked beyond forty in a week during the two years preceding the lawsuit and all time since (September 29, 2014 forward). The actual amount you get (if any) will depend on how many hours you worked, your salary, and other factors.


XII. Will I have to pay any legal fees or costs?

No.  We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement.  The court will closely supervise our fee petition and ensure that it is fair to the class.


XIII. What is the status of the case?

The following represents the status of the case as of the date indicated:

DATE

  COURT FILING 

DESCRIPTION

September 29, 2014

Complaint

This is the lawsuit itself which includes the detailed allegations of wrongdoing.

December 2, 2014

ORDER re: Staying Lawsuit for 45 days 

Court order staying deadlines in lawsuit so the parties may engage in settlement negotiations. 

 

 

 

 

 

 

 

 

 


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Client Testimonials

"I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber Law Firm did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know."

- L. LeHeup, Georgia