Shavitz Law Group, along with co-counsel, recently filed a collective action lawsuit against Dick’s Sporting Goods, Inc. (“Dick’s”) on behalf of Assistant Store Managers (“ASMs”) who are still classified as salaried-exempt, despite Dick’s previous settlement of similar claims for $10 million back in 2016. ASMs from approximately 14 states have come forward claiming that Dick’s did not fix the compensation structure following this settlement and that they still continue to regularly work 50+ hour workweeks without receiving any overtime compensation.
ASMs spend most of their time performing non-management job duties, such as working on the cash registers, working on the sales floor, stocking merchandise, cleaning the store (including bathrooms), processing shipments, building displays, marking down sales items, and unloading and processing deliveries from trucks. Due to the fact that these are ASMs’ primary duties, they do not fit under any applicable overtime exemption pursuant to the Fair Labor Standards Act (“FLSA”).
The recent lawsuit made news in the press, especially in Pittsburgh, PA, where Dick’s Sporting Goods is based. The lawsuit seeks unpaid overtime wages for all ASMs who decide to join the case, going back 3 years, which is the FLSA’s statute of limitations period. The lawsuit also seeks double damages for all ASMs who decide to join the case as an additional remedy, which the FLSA provides when an employer does not have a good faith justification for failing to pay overtime.
Dick’s failure to change its compensation practice is particularly egregious in light of the outcome of the 2016 lawsuit. Instead of changing their compensation practice, Dick’s sought to roll out forced arbitration provisions to try and guard against future lawsuits by ASMs. Nonetheless, this lawsuit seeks to give notice of these claims to all potential collective members who worked for Dick’s as ASMs within the past 3 years, regardless of whether they signed an arbitration agreement or not.
YOU EARNED IT, NOW LETS GO GET IT.
Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.