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Massachusetts Family Dollar Store Manager Overtime Case 2013

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

 

 

I. Who is the defendant?

Family Dollar. Family Dollar has its headquarters in Matthews, North Carolina. According to their website, Family Dollar offers a mix of merchandise ranging from refrigerated and frozen foods and health and beauty items as well as home and seasonal items. Family Dollar has more than 8,100 stores in 46 different states.


II. What is this case about?

Unpaid overtime wages. Store Managers at Family Dollar Stores 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 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?

Massachusetts. This case is filed in Superior Court in Massachusetts.


VI. Can I join? If so, how?

Call us to discuss this issue.


VII. Should I fear retaliation?

No. It is illegal to retaliate against an employee who joins 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. If you live and work in Massachusetts, you can call the Boston law firm of Lichten and Liss-Riordan at (617) 994-5800.


X. Who are the lawyers representing Store Managers?

Hayber Law Firm, LLC and Lichten & Liss-Riordan. The Assistant Managers who brought this lawsuit are being represented by the Hayber Law Firm in Hartford, Connecticut and the law firm of Lichten and Liss-Riordan, in Boston, Massachusetts. Both firms 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 should be paid for the hours they worked beyond forty in a week during the last three years. 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

April 26, 2013

Complaint

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

June 4, 2013 Answer to the Complaint  
March 28, 2014 Amended Complaint  
     
     

Get your case reviewed by submitting this form
* All fields are required Submission of this or any online form does not create an attorney-client relationship.

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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