Foot Locker Wage and Hour Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Foot Locker Inc. violated the Fair Labor Standards Act (FLSA) by failing to pay some of its non-exempt, hourly retail employees full minimum wage and overtime pay for all hours worked. If you were employed by Foot Locker in a position below the level of an assistant store manager in the United States between March 2, 2007 and March 2, 2010, you may be entitled to benefits from the class action settlement.

Plaintiff Francisco Pereira initially filed the Foot Locker class action lawsuit in May 2007, alleging the company violated the FLSA and Pennsylvania wage and hour laws by failing to pay some of their non-exempt employees the minimum wage for hours worked and overtime pay for all hours worked in excess of 40 hours in any given workweek. Further, Pereira alleged that Foot Locker failed to pay some employees their full wages within the required time period.

Subsequently, employees from other Foot Locker stores filed similar unpaid overtime class action lawsuits against the retailer. The class action lawsuits were consolidated into multidistrict litigation, titled In re: Foot Locker Inc. Fair Labor Standards Act (FLSA) and Wage and Hour Litigation.

Foot Locker denies any wrongdoing, but it has agreed to pay more than $7 million to settle the unpaid overtime class action lawsuits. The Foot Locker settlement received final approval on July 21, 2015.

Who’s Eligible

According to the Foot Locker OT settlement website, individuals who meet the following criteria are eligible for payment:

“If you were employed by Foot Locker in a position below the level of an assistant store manager in the United States any time between March 2, 2007 through March 2, 2010 as a non-exempt, retail associate (e.g., Sales Associate, Cahier, Stock Person, but not Assistant Manager or Store Manager), and (1) filed a FLSA Consent Form to participate in the FLSA Litigation; and (2) did not withdraw your FLSA Consent Form prior to the execution of the Settlement Agreement (e.g., November 17, 2014).”

OR

“You were employed by Foot Locker in the State of Illinois any time between October 17, 2005 through May 13, 2011 as a retail associate (e.g., Sales Associate, Cashier, Stock Person, but not Assistant Store Manager or Store Manager), and did not timely request exclusion from the Illinois State Action prior to May 7, 2012.”

Potential Award

Varies. The amount each Class Member will receive from the class action settlement depends on the total number of compensable hours worked during the relevant Class Period. It is estimated that Class Members will receive a payment of $0.51 per compensable work hour.

Proof of Purchase

N/A

Change Your Address

Claim Form Deadline

N/A. Class Members who did not opt out of the Foot Locker class action settlement will automatically receive a payment.

Case Name

In re: Foot Locker Inc. Fair Labor Standard Act (FLSA) Wage and Hour Litigation, Case No. 11-MDL-02235-JCJ, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

5/28/2015

Settlement Website

www.FootLockerOTSettlement.com

Claims Administrator

ILYM Group Inc.
P.O. Box 57087
Irvine, CA 92619
888-670-1686
ClassActionClaims@ILYMGroupClassAction.com

Class Counsel

Peter A. Muhic
James A. Maro
Monique Myatt Galloway
KESSLER TOPAZ MELTZER & CHECK LLP

FootLockerOTSettlement@ktmc.com

Judith P. Broach
Amy F. Shulman
BROACH & STULBERG LLP

Defense Counsel

Katherine R. Sinatra
William Martucci
SHOOK HARDY & BACON LLP

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. Learn more at the Unpaid Overtime Lawsuit: Off the Clock, Employee Misclassification Class Action Lawsuit Investigation.