Ohio AVI Foodsystems Overtime Wages Class Action Settlement

Vending company AVI Foodsystems Inc. has agreed to pay $1.5 million to settle a class action lawsuit alleging it failed to pay certain supervisors overtime when they worked more than 40 hours in a single workweek.

If you worked as a Route Supervisor or CSA Supervisor for AVI Foodsystems, you may be entitled to benefits from the wage and hour class action settlement.

Plaintiffs Tobias Mooneyham and Derek Sleve allege AVI failed to pay supervisors overtime in any week in which they worked more than 40 hours, as required by federal and state wage and hour laws. They claim they were misclassified as supervisors even though their primary duties did not differ substantially from the duties performed by Route Drivers and CSAs. They claim that CSA Supervisors and Route Supervisors are therefore entitled to overtime pay.

Mooneyham and Sleve argue that Route Drivers and CSAs, which drive company vehicles and stock vending machines, are disciplined if they work more than 40 hours in a single workweek because AVI wants to avoid paying them overtime. However, the vending routes are reportedly nearly impossible to complete in less than 40 hours per week.

“To solve this dilemma–of either having to pay overtime to the non-exempt [Route Drivers and CSAs] or their failing to complete their routes in 40 hours or less–AVI created a job title that AVI classifies as exempt from overtime, but whose primary duties are the same as non-exempt [Route Drivers and CSAs]–to service the vending routes,” the AVI class action lawsuit says. Thus, AVI created the Route Driver Supervisor and CSA Supervisor positions, even though these positions allegedly do not include managerial authority or discretion.

According to the AVI class action lawsuit, AVI violated the federal Fair Labor Standards Act by misclassifying certain supervisors as exempt from overtime and by failing to pay them overtime pay for hours worked over 40 in a single workweek.

AVI denies any wrongdoing and maintains that its supervisors are properly classified as exempt from overtime based on their management duties and oversight of Route Drivers and CSAs. However, the company agreed to settle the wage and hour class action lawsuit to avoid the risk, burden and expense of further litigation.

The AVI class action settlement was preliminarily approved on Jan. 26, 2018.

Who’s Eligible

Class Members of the AVI settlement include anyone who was employed by AVI as a Supervisor in Ohio from Jan. 13, 2015 to Dec. 7, 2017, and anyone who previously joined the AVI class action lawsuit.

Potential Award

Varies, depending on how long the Class Member worked as a Route Supervisor and/or a CSA Supervisor for AVI.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

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.

Claim Form Deadline

4/23/2018

NOTE: If you previously joined this AVI Food Systems class action lawsuit, you do not need to take any action to receive benefits. If you are not sure if you already joined the case, contact the Settlement Administrator at 1-866-742-4955.

Case Name

Tobias Mooneyham and Derek Sleve v. AVI Food Systems Inc., Case No. 1:17-cv-00103-DCN, in the U.S. District Court for the Northern District of Ohio, Eastern Division

Final Hearing

5/9/2018

UPDATE: The Ohio AVI Foodsystems Overtime Wages Class Action Settlement was granted final approval on May 9, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.AVIWages.com

Claims Administrator

AVI Wages Settlement
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9749
(866) 742-4955

Class Counsel

Drew Legando
Jack Landskroner
Tom Merriman
Edward S. Jerse
LANDSKRONER GRIECO MERRIMAN

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

Thomas Migliaccio
Jason Rathod
MIGLIACCIO & RATHOD LLP

Defense Counsel

Timothy S. Anderson
James P. Smith
Meredith C. Shoop
LITTLER MENDELSON PC

Join a Free Wage & Hour Class Action Lawsuit Investigation

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