Brown v. Flexicom

Brown, et al. v. Flexicom LLC. This is an overtime pay case brought on behalf of store employees who are paid a small salary with some limited potential for commissions. We seek to recover overtime pay for these employees. Because of the large case volume in the U.S. District Court for the Southern District of Ohio, the case has been assigned to Judge William O. Bertelsman, who normally presides over cases in Northern Kentucky.

Thu, 10/21/2010 - 12:25

On October 20, 2010, Judge Bertlesman conditionally certified a class of  retail sales employees, including store managers, employed at stores owned and operated by Flexicom within the jurisdiction of the U. S. District Court for the Southern District of Ohio. This includes all but about 10-12 Ohio stores.
Notices providing information about the case will be mailed to current employees and those who worked for Flexicom in the last 3 years. Included with the Notice will be a Consent form which employees can use to join the case. To participate, the consent form must be returned to our office so we can file it with the court.
We will post on this website when Notices and Consent forms are mailed.

Wed, 09/22/2010 - 18:17

The Judge who will rule on Plaintiffs' request for notice to employees has scheduled oral argument on the request to be held on October 20, 2010 at 10:00 a.m. The arguments will be made in Room 203 of the U. S Courthouse located at 100 East Fifth Street in Cincinnati. 

Thu, 08/12/2010 - 15:33

Plaintiffs answered Flexicom's arguments opposing court supervised notice to employees in a brief filed on July 30, 2010. Our request for notice is now before the Judge for decision.

Mon, 07/12/2010 - 12:03

On July 9, 2010, Flexicom filed an opposition to our request that the Court certify a class and supervise notice to sales employees which would tell them about the overtime claims in this case and how to join the case. Our reply to their opposition will be filed by July 30. Even without court supervised notice employees can join the case at any time by filing a consent form. If you would like more information, please contact us.

Thu, 05/27/2010 - 16:52

On May 26 we filed a Motion to Conditionally Certify the Class.  In this motion we are asking the Judge to certify a class of sales employess, to approve a notice to be sent to employees and and to order Flexicom to provide us with the names and addresses of all members of the class, so we can send the notice. The class would include all current sales employess and any sales employees who have worked for the Company during the past 3 years. The notice we proposed describes the lawsuit and  provides current and former employees with information on how to  participate in this case. 
Flexicom's response to our motion is due to be filed with the Court by June 21.

Wed, 02/17/2010 - 21:11

There have been some preliminary discussions between the lawyers about the potential to settle the lawsuit. If these discussions do not progress, we will file a motion to certify the class