Family Dollar being sued in State Courts by Store Managers – avoiding the 4th Circuit!

In December 2008, the 11th Circuit affirmed a jury verdict against Family Dollar in the amount of $54,000,000.  That award paid store managers who were misclassified as “executives” and their attorneys.  Family Dollar classified them as “executives” despite the fact that the vast majority of their time was spent performing non-management tasks like stocking shelves and cashiering.   The jury found that these employees were entitled to overtime pay and the 11th circuit agreed.  Morgan v. Family Dollar Stores, Inc.

Rather than reclassify the position, Family Dollar continued its exempt status.  More lawsuits followed, but most of them were consolidated into Family Dollar’s home state of North Carolina via the federal courts MDL (multi district litigation) procedures.  In that court (which is in the 4th circuit) Family Dollar has been having success at getting the store managers’ claims dismissed.

Some plaintiffs have avoided the 4th Circuit by suing in state court.  Presently, there are class action lawsuits in  Pennsylvania, Missouri and Colorado.  The court in Missouri recently granted class certification.

Anyone employed at Family Dollar as a Store Manager who is working excessive hours and not being paid for overtime should not give up.  Just because one judge in the 4th Circuit is denying claims, does not mean that you are without a forum.  Bring your claim in state court and ask that judge to follow Morgan.  Good luck!

Tags: , ,

Leave a reply

Your email address will not be published. Required fields are marked *

6 Comments

  1. april says:

    I work at family dollar also,i am a store clerk,been one at the same store for 3yrs……i work 38-40 hours a week,the hve me down as a part time employee to avoid giving me my vacation time

  2. ARLENE MENDEZ says:

    How many hrs by law a store manager should work in a week?

  3. katie morris says:

    I am an assistant store manager for family dollar. I never get the hours per week that would merit me “full time”. However, I am told I am a full time worker. My boss schedules me for 30 hours, sometimes less, and I am forced to take lunch breaks even when working short shifts. A lot of times I am the only manager on duty, causing me to wind up working off the clock. Family dollar is as bad at retaliating against its employees as any huge company. Every time I make a complaint to my district mananger, the only progress made is when she calls my boss to relay everything I’ve said, making it impossible for me to trust her. Our alertline is entirely unproductive as well. Since complaining to my district manager, I am constantly written up for petty and ridiculous thiings, while my coworkers’ misconduct and blatant disrespect for rules and regulations are ignored entirely. The managers are not the only ones who are treated unfairly.

  4. Katie says:

    I’m wondering who we contact about this lawsuit.. As a former employee ..

  5. elaine says:

    I use to love my job , but we got a new DM and it went down hill , we got over time if needed to get the job done , now its dont go over budget thats all you here , we never see her and when she calls , she never ask is everthing is ok do yall need anything , a raise would be nice , she hire’s new people and starts them out way more then we make and were Asst, managers so what up with that ,I do my job and I do it well and love the people , Its to bad just one person can ruin things for you , we just want to be treated fairly ,

  6. stacy says:

    Hello i am a store manager in the state of Michigan and i wanted to get more information about how to start looking how to start up here

Contact Us Today

 

I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore 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