Bryan Winslow, individually and on behalf of all others similarly situated, v. Payless Shoesource Inc., and Collective Brands, Inc., FILED IN UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF CONNECTICUT.
FOR INFORMATION ON THIS CASE, SEE THE LINK: http://paylessmanagerandleaderovertimeclaim.net
View Original Payless Shoe Source Class and Collective Action Complaint for Violation of ERISA and FLSA.
View the Updated Complaint.
Mr. Winslow, a former store leader, filed this claim for overtime wages alleging that Payless Shoesource, and its parent company, Collective Brands, willfully misclassified all single unit store managers and store leaders as exempt from the overtime wage sections of the FLSA, knowing that because he, and others similarly situated, did not regularly and customarily supervise two 40-hour per week full-time employees, or the equivalent of 80 hours of subordinate labor, that they cannot be exempt managers according to the executive exemption found in the FLSA. Further, Winslow alleges that store leaders and store managers of such stores do not exercise the discretion and independent judgment in matters of significance and are not decision-makers, that they likewise cannot be exempt under the Administrative Exemption in the FLSA. Further, the lawsuit alleges that the primary job duties of such single unit store leaders and store managers is sales and not management since they spend the majority of their working hours in the store alone.
Winslow seeks to recover overtime wages for all currently employed and formerly employed store managers and store leaders of single stores, at a rate of time and one half the employees’ regular rate of pay, including the value of all bonuses earned, for all overtime hours worked within the preceding three years of the filing of the lawsuit, plus an equal sum in liquidated damages, and payment of attorney’s fees and costs of the litigation.
QUESTION: WHO MAY PARTICIPATE: Any present store manager/leader, or any former store manager/leader employed within the past three years, who worked in a single unit or store that did not for substantially all of the 52 weeks per year, have two or more 40-hour per week full-time subordinate employees, or the equivalent of this (part-time employees or part time and full time), which did not equate to 80 hours of labor each week, excluding the hours of the manager/leader.
WE ARE INTERESTED IN SPEAKING TO ANY PRESENT AND FORMER STORE LEADERS OR STORE MANAGERS ABOUT YOUR EMPLOYMENT HISTORY AND EXPERIENCE WITH PAYLESS SHOESOURCE.
The attorneys at Feldman Williams, PLLC. assist employees involved in overtime and wage and hour disputes as well as employment discrimination matters in Tampa, Jacksonville and Atlanta, Georgia