Hagens Berman Sobol Shapiro, LLP, has filed a complaint against Family Video Movie Club Inc. The lawsuit, filed March 14, 2011 in the United States District Court for the Northern District of Illinois, alleges that Family Video violated the Fair Labor Standards Act of 1938 by failing to pay employees for “off-the-clock” work.
Family Video purports to be the largest privately owned video rental chain in the country, with more than 700 locations in 19 states. The Company claims to employ more than 6,500 people, including a number of part- and full-time sales associates.
The complaint alleges that Family Video requires its sales associates to work before and after their shifts opening the stores, cleaning, stocking shelves, closing the stores and performing other tasks. According to the complaint, Family Video does not pay its sales associates for this work. Moreover, the complaint alleges that Family Video limits its workers to 40 hours per week to avoid paying overtime.
Hagens Berman’s lawsuit alleges that these practices violate the Fair Labor Standards Act of 1938 (FLSA), which requires that employers pay the minimum wage for all hours worked and overtime pay if an employee works more than 40 hours in a week.
The lawsuit seeks certification of the case as a class action, which would include all current and former sales associates at Family Video from March 2008 to the present. It also asks that the court hold Family Video liable for unpaid wages, liquidated damages, pre- and post-judgment interest, attorneys’ fees and the cost of the legal action.
Under the federal labor laws, any current or former Family Video employee who is interested in joining the lawsuit must obtain and sign a special “consent” form confirming his or her desire to be part of the case. You can also learn more about the case and the surrounding investigation by clicking on the “join this case” button on this page or by contacting Hagens Berman attorney Daniel J. Kurowski at (708) 628-4949.

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