What is this case about?

Richard Lavallee, a former Assistant Store Manager (“ASM”) of Rocky’s Hardware, Inc. claims that Rocky’s misclassified its ASM’s in Massachusetts as exempt from payment of overtime wages. We contend that Rocky’s misclassification wrongfully denied ASM’s overtime payments that they should have received from the period of July 22, 2010 to December 29, 2013 (the “Class Period”). This case is about recovering the wages that Plaintiff believes should have been paid to ASM’s.

Why did I receive a notice of proposed class action settlement?

You’ve been identified as someone who worked for Rocky’s Hardware, Inc. (“Rocky’s”) in Massachusetts as an Assistant Store Manager from the period of July 22, 2010 through December 29, 2013. This period of time is known as the “class period.” Anyone who worked as an ASM in the class period is entitled to participate in the class action settlement.  

Am I eligible to receive payment under the class action settlement?

Yes, to receive your full share of your payment you need to submit the opt in form you received via mail before the deadline.  

Who are the lawyers?

The class is represented by Richard Hayber, Raymond Dinsmore and Erick Diaz of The Hayber, McKenna & Dinsmore,  You can learn more about Hayber, McKenna & Dinsmore and its attorney at www.hayberlawfirm.com.

What is the total settlement amount?

The settlement on behalf of all class members and including attorney’s fees and costs, is $412,000.00.  

What am I entitled to receive?

You are entitled to receive your share of the settlement based on the value of the overtime wages denied to you relative to other members of the class. After deducting Plaintiff’s counsel’s attorney fees and expenses, and the lead Plaintiff’s incentive award, you will receive notice in the mail informing you of the value of your settlement share.

What do I have to do in order to receive my full share of the settlement?

If this settlement agreement is approved, to receive your full share of the settlement agreement you need to submit the opt in form you received via mail before the deadline

Defendant can back out of the settlement agreement if not enough ASMs send back their “opt in” forms before the deadline. (Saturday, August 8, 2015) There are currently 53 members of the class. If fewer than 41 members opt-in to the class, then Rocky’s has the right to void the settlement agreement, and the parties will return to litigating this matter in court.  

What is my deadline to respond?

You must return your opt in forms to Plaintiff’s counsel, and those forms must be received by counsel no later than August 8, 2015.

Forms can be mailed to:

Erick Diaz, Esq.
Hayber, McKenna & Dinsmore
221 Main Street, #502
Hartford, CT 06106 

When will I get my money?

Assuming that sufficient number of ASM’s “opt in” to the case and the settlement is approved, we expect that you will receive your money in or around October 2015.

Will I have to pay any attorney’s fees if I joint the class?

You will not be responsible for any direct payments to the attorneys if you elect to participate in the class action settlement. Plaintiff’s attorneys will be paid an amount approved by the court, and this payment will be issued from the settlement fund.  

What if I have questions?

Any questions can be directed to Attorneys Richard Hayber or Erick Diaz at the Hayber, McKenna & Dinsmore at 860-522-8888 or to Attorney Raymond Dinsmore at Dinsmore Stark, Attorneys At Law at 413-341-3639. Alternatively, you can leave message for either firm through website contact pages at www.hayberlawfirm.com or www.dinsmorestark.com  

Why is the settlement fair?

This settlement is the result of more than  two years of litigation in which the parties meticulously reviewed records regarding hours worked and rates of pay for all ASM’s within the class. The settlement was finalized after many months of negotiation with assistance from private mediator skilled in resolving complex wage and hour matters. We believe that it affords just compensation to the class members taking into account the risks that this case would be decided adversely by a jury or judge.

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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