On August 24, 2012, the Honorable Robert E. Blackburn, U.S. District Judge for the United States District Court for the District of Colorado, granted Plaintiff's, Tanya Young's, Motion for Conditional Certification. If you would like to read the Court's Order, click here. Pursuant to the Court's Order, the Court conditionally certified a collective action concerning the Plaintiff's claims under the Fair Labor Standards Act (FLSA) on behalf of all Dollar Tree Stores Inc. Assistant Store Managers who have worked for Dollar Tree at any time within the three (3) years preceding the date of the Notice (or who are currently employed by Dollar Tree), and who are or were (a) required to take 30 minute unpaid meal breaks, required to work during those breaks, and were not paid for work done during those meal breaks; and/or (b) required to make bank deposits for Dollar Tree when they are or were not on the time-clock and are were not paid for all time spent making bank deposits.
Plaintiffs' Counsel in the Young v. Dollar Tree litigation include Andrew Frisch and Angeli Murthy of Morgan & Morgan, P.A. and Gregg Shavitz and Keith Stern of Shavitz Law Group. The attorneys can be reached by calling (877)MORGAN-LAW or visiting www.forthepeople.com and www.helpingworkers.com.
The Plaintiffs in the Young case allege that Assistant Store Managers were not paid for all working time as required by the Fair Labor Standards Act (FLSA) because Dollar Tree required them to work through mandatory 30 minute lunch breaks and/or failed to pay Assistant Store Managers for time spent making daily bank deposits after their stores had closed for the day.
Under Federal wage and hour laws, employees must be completely relieved from duty for the purposes of eating meals for the entire break, or an employer is not entitled to treat such time as break time and must pay the employees for such time. Employers must pay employees for "breaks" if the employees are required to perform any duties, whether active or inactive, while eating or otherwise on their "breaks." For example, an office employee who is required to eat at his desk or a retail store employee who is required to be a many a cash register during their "break" is working and must be paid for such work time.
A copy of the Young complaint is available by clicking: Young v. Dollar Tree Stores, Inc.
If you are a current or former Assistant Store Manager employee of Dollar Tree with concerns about your own experiences with the Company, complete the form on the right to share these concerns with the attorneys pursuing the case on behalf of current and former Assistant Store Manager employees.
The law firm of Morgan & Morgan, P.A., which has filed several lawsuits across the United States against Dollar Tree on behalf of current and former Assistant Store Managers is one of the largest plaintiff's law firms in the country. Since its inception in 1988, the firm has expanded to include 12 office locations, more than 180 experienced attorneys and a support staff in excess of 1000 employees. Its success is deeply rooted in the firm's mission to represent the people, and not the powerful, a motto which has garnered the firm nationwide recognition. In regard to labor and employment cases, the firm's wage and hour team remains committed to protecting the rights of workers who had their employment rights violated, through the denial of overtime or otherwise, and has built an enviable track record of results, which includes a $10,000,000 wage and hour recovery.
There are state and federal laws in place to protect employees from unfair, abusive, and unlawful labor and wage practices. Further, the law strictly prohibits an employer or former employer from retaliating against its employees and/or former employees for pursuing their right to be paid in accordance with state and federal wage and hour laws. If you have questions or want more information about Morgan & Morgan, P.A., please call (877)MORGAN-LAW or visit the firm's website at www.forthepeople.com.