Ocean State Job Lot “Assistant Manager” Overtime Lawsuit
Assistant Managers at Ocean State Job Lot are suing for unpaid overtime wages. You might be able to join if you were an Assistant Manager at Ocean State Job Lot during the last three years. This page discusses the lawsuit in Massachusetts. Click here for our Connecticut lawsuit. Continue reading for details.
UPDATE: January 14, 2015 The Court granted Plaintiff’s motion for conditional certification. This means that a notice will soon be mailed out to all Assistant Store Managers at Ocean State stores during the period April 2011 to the present which will provide them with a form that they can use to join the case and assert their overtime rights.
Number of people who have joined this lawsuit as of May 1, 2015: 52
QI. Who is the defendant?
Ocean State Job Lot. Ocean State Job Lot has its headquarters is North Kingstown, Rhode Island. According to their website, Ocean State Job Lot’s merchandise consists of a variety of manufacturer’s overruns, overstocks and packaging changes which allows them to offer quality brand name merchandise at closeout prices. Ocean State Job Lot has 116 stores in the Northeast.
QII. What is this case about?
Unpaid overtime wages. Assistant Managers at Ocean State Job Lot 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 Assistant 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.
QIII. 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.
QIV. 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.
QV. What court is the case filed in? Does it matter?
Connecticut. This case is filed in Federal Court in Connecticut. It is not limited, however, to Connecticut Assistant Managers. We are seeking company wide status so that Assistant Managers from any state, including Connecticut, Massachusetts, Vermont, New Hampshire, Rhode Island and New York can join and be represented.
QVI. Can I join? If so, how?
Yes. If you were an Assistant Manager for Ocean State Job Lot during the last 3 years. Click on the “Join Now” button below to view and print a Consent Form.
Sign it, send it to us at the Hayber, McKenna & Dinsmore and we’ll file it with the court. You can e-mail, fax or send the consent form to us via regular mail.
Our fax number is: (860) 218-9555
If your employment with Ocean State Job Lot ended more than 3 years ago, you might not be able to join. Call us to discuss this issue.
QVII. 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.
QVIII. 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.
QIX. Where can I go to get answers to my questions?
Call us. You are always welcome to call us at Hayber, McKenna & Dinsmore 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.
QX. Who are the lawyers representing Assistant Managers?
Hayber, McKenna & Dinsmore, LLC and Lichten & Liss-Riordan. The Assistant Managers who brought this lawsuit are being represented by the Hayber, McKenna & Dinsmore 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.
QXI. How much can I expect to get?
It depends. We claim that Assistant 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.
QXII. 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:
|April 2, 2014||Original Complaint||This is the lawsuit itself which includes the detailed allegations of wrongdoing.|
|August 15, 2014||Plaintiff’s Motion for Notice to be Issued to Similarly Situated Employees Pursuant to 29 U.S.C. § 216(b)|
|August 21, 2014||Amended Complaint|
|October 20, 2014||Answer to the Amended Complaint|
|January 14, 2015||Court grants motion for conditional certification|
Join Today Original Complaint Motion for Notice to Be Issues Similarly Situated Employees Amended Complaint Ocean State’s Answer to Amended Complaint