CHICAGO — A group of video store employees who filed an overtime suit against Family Video Movie Club, Inc., for violations of the Fair Labor Standards Act (FLSA) and Illinois state labor laws have been granted class certification by a federal district court. The same workers had apparently tried to get class certification in 2013, but the court denied their request because the claims were too broad to prove a common issue. However, the court this time stated that the plaintiffs have narrowed their claims and provided more evidence to support their renewed attempt at certification. Therefore, the court certified the class, which includes current and former hourly employees who worked at one of the more than 100 Family Video stores in Illinois between March 2008 and March 2011.
Commission Pay
The employees alleged that the video store shortchanged hourly employees by excluding commissions from their overtime pay rates. Additionally, they claim that they were required to drop off bank deposits after clocking out, therefore depriving them of minimum wage and overtime pay.
FLSA requires for overtime pay to be calculated at a rate not less than one-half times the regular rate at which the employee is actually employed. FLSA also requires for regular rate of pay to be calculated by dividing an employee’s total pay, including commissions, in any workweek by the total number of hours worked during the same week.
Class Certification
When the plaintiffs first asked for class certification from the court, it ruled that they had failed to establish common enough claims. For employees to constitute a class, they must be similarly situated, which means they must be subject to a common policy, plan, or design that stretches across company departments or locations. If there is no commonality, then a court will likely deny class certification.
In renewing their request for class certification, the employees informed the court that they revised the classes of employees to carve out workers unaffected by the video store’s policies. Additionally, they provided additional evidence supporting their claims. The court, in ruling for the plaintiffs, noted that the plaintiffs remedied the previous deficiencies that prevented certification.
Misclassification is often the primary reason why employees are not afforded the wages they are entitled to under FLSA. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe you have been misclassified and are being deprived of your wage rights.. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.