Engel, et al. v. Burlington Coat Factory: A settlement paying wage and overtime claims was given final approval by the Court. Payments have been distributed to the participating Area Managers.
Engel, et al. v. Burlington Coat Factory
Engel, et al. v. Burlington Coat Factory. On October 27, 2011, a lawsuit was filed against Burlington Coat Factory on behalf of employees who were formerly employed as “Area Managers” to recover unpaid overtime compensation. Area Managers regularly worked overtime but were paid a salary. They were considered exempt management employees by the company and were not paid overtime. In reality, the Area Managers spent the vast majority of their work days performing non-managerial tasks such as moving stock from the dock; putting new products on the sales floor; returning merchandise to the sales racks, maintaining the appearance of their departments and greeting customers.
The Area Managers were expected to work as many hours as were necessary, despite not being paid overtime. The company discontinued this job classification in June 2011. Many of the former Area Managers were moved to hourly positions or dismissed from the company. Some became salaried Merchandise Managers.
On Tuesday October 8, 2013, notices with information about this case were mailed to former Area Managers who worked at Burlington stores in Kentucky and Ohio at any point between July 25, 2009 and June 11, 2011, when the job was eliminated.
Included with the notices are consent forms which can be used to join the case.
Those interested in making a federal overtime claim should complete the form and return it to us for filing with the Court. Consent forms must be received by December 7, 2013.
On Friday September 20, Judge Barrett approved the mailing of a Notice providing information about this case to former Area Managers employed at any time from July 25, 2009 through June 11, 2011. Enclosed with the Notice will be a Plaintiff Consent Form which can be used to join the case and make a claim for overtime under federal law. We anticipate the mailing will occur within the next several weeks.
On June 3, 2013, Judge Michael Barrett certified a unit of former Area Managers who worked at Burlington's stores in Ohio and Kentucky. Notices explaining the lawsuit and consent forms, which can be used to join the case, will be mailed shortly to Area Managers who worked at these stores between March 19, 2010, and June 11, 2011, when the position was eliminated.
We have asked the Judge to "toll" or stop the clock on the overtime claims so that additional Area Managers will be eligible to join the case and those currently eligible, can claim overtime for a longer period of time. This matter is still pending.
On November 16, briefing was completed on Plaintiffs' Motion for Conditional Certification. The matter is now considered "submitted" for decision to Judge Michael R. Barrett. If he grants Plaintiffs' motion, a notice will be sent to all Area Managers notifying them of this case and providing them with Consent forms to become part of the case. If he declines certification, the case will still proceed with those Area Managers who are currently Plaintiffs.