Anna Bradley-Smith  |  July 22, 2021

Category: Labor & Employment

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Lumber Liquidators overtime pay
(Photo Credit: Eric Glenn/Shutterstock)

A class action lawsuit accusing Lumber Liquidators of shorting managers and store managers in training overtime pay looks likely to settle for $7 million, with both parties filing for settlement approval in New York.

The Lumber Liquidators settlement would see funds going to more than 300 former and current Lumber Liquidators store managers and store managers in training who never received overtime wages due to their exempt status despite working long hours, Law360 reports.

The workers filed the Lumber Liquidators class action lawsuit in 2017 alleging that the company classified them with an exemption meant for managers that denied them overtime pay, despite them doing nonmanagerial work.

In 2019, U.S. Magistrate Judge Roanne Mann granted the workers conditional certification, allowing them to reach out to 946 current and former workers denied overtime under the policy.

Later in 2019, U.S. District Judge Margo Brodie upheld the conditional certification despite Lumber Liquidators pleas for dismissal.  

The overtime pay settlement between the workers and Lumber Liquidators offers relief for roughly 269 current and former store managers and store managers in training who already opted in to the collective action, Law360 reports. It also allows for 53 workers to opt in.

Eligible workers would get a settlement notice in the mail that includes their checks, in which their payouts would depend on job title, the amount of time they worked, and if they participated in a similar suit that settled last year.

Attorneys Justin Marino and J.R. Stevenson of Stevenson Marino LLP, who are representing the workers, told Law360 that they “believe the settlement represents an extraordinary result after a long hard-fought battle that lasted over four years.”

“Overall, this is a massive win for employees.”

Counsel stands to get $2.3 million from the Lumber Liquidators overtime pay settlement — a third of the total — to cover attorney’s fees. The lawyers said that the amount of the settlement was substantial, given estimates of lost wages were roughly $3.4 million, according to the motion.

The attorneys urged the federal court to approve the Lumber Liquidators overtime pay settlement saying that continuing litigation could work in the flooring retailer’s favor.

“Determining the legal status of manager positions under the [Fair Labor Standards Act] is highly contextual and fact-dependent, and some cases support Lumber Liquidators’ position,” the motion said.

“While plaintiffs believe that they could ultimately establish defendant’s liability, this would require significant factual development.”

Have you ever been shorted overtime pay by your employer? Let us know in the comments section!

The workers are represented by Justin Marino and J.R. Stevenson of Stevenson Marino LLP, and Justin Swartz and Pooja Shethji of Outten & Golden LLP.

Lumber Liquidators is represented by Eli Z. Freedberg of Littler Mendelson PC.

The Lumber Liquidators Overtime Class Action Lawsuit is Ashleigh Mason et al. v. Lumber Liquidators, Case No. 1:17-cv-04780, in the U.S. District Court for the Eastern District of New York.


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One thought on Lumber Liquidators Pay $7M to Settle Overtime Pay Class Action With Workers

  1. James says:

    When will we receive our money ??

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