Genco Distribution Systems Unpaid Overtime Class Action Settlement

Genco Distribution Systems Inc. has agreed to settle a class action lawsuit alleging it violated state and federal law by failing to compensate some employees for all of the time they worked. If you were employed as a California-based Operations Supervisor for Genco and received a salary between Aug. 10, 2007 and April 24, 2014, you could be eligible for benefits from the Genco class action settlement.

Plaintiff P.E. Jimerson filed the Genco class action lawsuit alleging that he and all California-based, salaried Genco employees who worked as Operations Supervisors between Aug. 10, 2007 and April 24, 2014 are entitled to recover money damages and penalties. Jimerson’s class action lawsuit alleges Genco failed to pay overtime wages, violated the Fair Labor Standards Act (FLSA), and failed to provide itemized wage statements. It also alleges waiting time penalties, unfair competition, and seeks recovery under the California Labor Code Private Attorneys General Act.

Genco denies the allegations but has agreed to settle the class action lawsuit to avoid the expense and uncertainty of ongoing litigation. The Genco class action settlement was preliminarily approved on April 24, 2014.

Who’s Eligible

Class Members of the Genco FLSA settlement include all Genco’s California-based salaried (exempt and not paid on an hourly basis) employees who worked as Operations Supervisors during the time period from Aug. 10, 2007 through April 24, 2012.

Potential Award

Class Members will receive payment from the Genco class action settlement fund based on several formulas that will provide a fixed payment (less applicable state and federal withholding taxes, applicable payroll deductions, other deductions required by state and local law, and Social Security withholdings) based on the number of weeks worked.

The Genco class action settlement fund has been divided into three separate funds: (1) the Overtime Wage Payment Fund, (2) the Wage Statement Fund, and (3) the Waiting Time Penalty Fund.

(1)    Class Members will be paid from the Overtime Wage Payment Fund in accordance with the individual Class Member’s workweeks during the relevant Class Period. Class Members who worked 10-hour shifts during this period will receive double credit for their weeks worked.

(2)    Class Members will be paid from the Wage Statement Fund according to the following formula: Each Class Member will have been deemed to have received a wage statement for every 14 days they were employed as an Operations Supervisor. Thereafter, the product of the number of the Class Member’s bi-weekly statements between Aug. 10, 2010 and April 24, 2014 will be multiplied by the amount of the fund divided by the total number of relevant wage statements. No individual Class Member will receive more than $4,000 from the Wage Statement Fund.

(3)    Each Class Member who is no longer employed by Genco as of April 24, 2014 and who worked for Genco between Aug. 10, 2008 and April 24, 2014 will be paid a pro-rata share of the Waiting Time Penalty Fund.

Participating Class Members will be paid an additional $100 on account of the FLSA claims. Class Members must complete the enclosed FLSA consent form to be eligible for the additional $100 payment.

Proof of Purchase

N/A. Class Members will automatically receive benefits unless they opt out of the Genco class action settlement. However, Class Members must submit an FLSA consent form to receive an extra $100. The FLSA consent form is available at the Claim Form link below. It can also be found at the settlement website.

Claim Form

Claim Form Deadline

7/3/2014

Case Name

P.E. Jimerson v. Genco Distribution Systems Inc., et al., Case No. RG11589846, in the Superior Court of the State of California, County of Alameda

Final Hearing

7/17/2014

Settlement Website

http://classaction.kccllc.net/CaseInfo.aspx?pas=GCJ

Claims Administrator

Jimerson v. Genco Distributions Systems
Claims Administrator
P.O. Box 6177
Novato, CA 94948-6177

Class Counsel

James Patterson
PATTERSON LAW GROUP

Defense Counsel

Michael Burns
SEYFARTH SHAW LLP