LAWSUITS NEWS & LEGAL INFORMATION
$3.8M Settlement Reached in KMART Employment Class Action Lawsuit
This is a settlement for the Employment lawsuit.
Santa Clara, CA: A $3.8 million settlement has been reached ending two collective actions brought against KMART on behalf of assistant managers who allege they were wrongly classified as exempt from overtime pay, in violation of the Fair Labor Standards Act (FLSA) and state labor laws.
The class is estimated to include some 422 people, with each plaintiff receiving roughly $9,000, depending on how long they worked for the company. Additionally, it provides $7,500 for each of the four named plaintiffs.
The settlement motions seeks preliminary certification of the class and scheduling of a final approval and fairness hearing. The settlement would encompass a suit filed in the U.S. District Court for the District of New Jersey, Fischer v. Kmart, and another in the Western District of New York, Hautur v. Kmart.
The suits sought unpaid overtime and liquidated damages as a collective action under the FLSA, as well as damages as a class action under the overtime laws of New Jersey, Maryland, New York and Ohio.
Class members will have the opportunity to opt out of the settlement, however, should more than 5 percent of class members opt out, Kmart will have the opportunity to terminate the settlement, according to court documents.
Published on May-26-16
The class is estimated to include some 422 people, with each plaintiff receiving roughly $9,000, depending on how long they worked for the company. Additionally, it provides $7,500 for each of the four named plaintiffs.
The settlement motions seeks preliminary certification of the class and scheduling of a final approval and fairness hearing. The settlement would encompass a suit filed in the U.S. District Court for the District of New Jersey, Fischer v. Kmart, and another in the Western District of New York, Hautur v. Kmart.
The suits sought unpaid overtime and liquidated damages as a collective action under the FLSA, as well as damages as a class action under the overtime laws of New Jersey, Maryland, New York and Ohio.
Class members will have the opportunity to opt out of the settlement, however, should more than 5 percent of class members opt out, Kmart will have the opportunity to terminate the settlement, according to court documents.
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