Marshalls, HomeGoods Assistant Manager Overtime Class Action Lawsuit

Assistant managers from Marshalls and HomeGoods stores can now join in an FLSA class action lawsuit seeking compensation for unpaid overtime wages.

This Marshalls and HomeGoods class action lawsuit results from a consolidation of at least three different class action lawsuits. Plaintiffs in these actions are assistant store managers who say they were misclassified during training periods.

The assistant manager plaintiffs also argue they were not paid the higher overtime rate they were owed for overtime hours worked. They claim they were expected to work as much as 50 or 60 hours in a week and 10 or more hours in a single day.

Plaintiffs say they performed work that was ordinarily done by wage-earning employees entitled to overtime pay – duties like stocking shelves, unpacking merchandise, and cleaning the store. Yet as assistant managers, they were not paid an overtime wage for these extra hours.

In August 2015, the parties agreed to an overtime class action settlement and submitted it to the court for approval. The settlement provided that the defendants would put up a $4.75 million dollar settlement fund to be distributed among qualifying claimants after first being used to cover litigation costs, attorneys’ fees, incentive awards for the named plaintiffs, and the costs of settlement administration.

Marshalls and HomeGoods continue to deny the plaintiffs’ claims. The proposed overtime class action settlement did not require the stores to admit any fault, and the court made no decision as to liability.

Qualifying claimants who want to join this overtime class action lawsuit must submit a Consent to Join form by the Dec. 9, 2017. Known potential claimants have been sent a copy of this form along with a notice about the lawsuit. Claimants may submit this form online or by mail, email or fax.

Who’s Eligible

Persons qualified to submit a Consent to Join form include those who have been employed as Marshalls or HomeGoods Merchandise assistant store managers in the U.S., other than in California, between Nov. 1, 2012 and March 31, 2017.

Potential Award

TBD

Payment amounts will be determined either by the court or a jury, according to the notice.

Proof of Purchase

For now, no additional documentation needs to be submitted with the Consent to Join form. Claimants are required to preserve any documents they may have pertaining to their employment at Marshalls or HomeGoods Merchandise, as those documents may be required later.

Consent to Join Form

CONSENT TO JOIN FORM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Consent to Join Deadline

12/9/2017

Case Name

Roberts, et al. v. The TJX Companies, et al., Case No. 1:13-cv-13142-ADB, in the U.S. District Court for the District of Massachusetts

Final Hearing

1/18/2018

Settlement Website

www.mhg-merchasm-case.com

Claims Administrator

Marshalls and HomeGoods Merchandise
Assistant Store Manager Overtime Lawsuit
Notice Administrator
c/o JND
PO Box 6878
Broomfield, CO 80021
Phone 1-844-853-3457
Fax 1-866-305-4584
info@MHG-MerchASM-case.com

Class Counsel

Sara Wyn Kane
Robert J. Valli, Jr.
James A. Vagnini
VALLI KANE & VAGNINI LLP

Seth R. Lesser
Fran L. Rudich
KLAFTER OLSEN & LESSER LLP

Sam J. Smith
Loren B. Donnell
BURR & SMITH LLP

Hillary Schwab
FAIR WORK PC

Cyrus Mehri
Michael D. Lieder
MEHRI & SKALET PLLC

Marc S. Hepworth
Charles Gershbaum
David A. Roth
HEPWORTH GERSHBAUM & ROTH PLLC

Jay D. Ellwanger
William M. Parrish
Adam G. Price
DINOVO PRICE ELLWANGER & HARDY LLP

Gregg Shavitz
Camar Jones
SHAVITZ LAW GROUP PA

Defense Counsel

Andrew Voss
Gregory C. Keating
Justin R. Marino
Lisa A. Schreter
Paul D. Weiner
Richard W. Black
Alison Hickey Silveira
LITTLER MENDELSON PC

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

GET A FREE CASE EVALUATION NOW