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BY: Jason J. Thompson | IN: Class Action & Commercial Litigation, Employment Law, Unpaid Wages & Overtime
A group of sales associates who sell bottled water inside Costco stores recently sued their employer, DS Services, over alleged violations of federal wage and hour laws. This according to a recent report from Law360 (subscription required).
In a proposed class action pending in a Florida federal court, the plaintiffs contend that DS Services failed to compensate its “Costco Sales Representatives” (CSRs) for overtime incurred on the job. The CSRs were required to set up booths within Costco stores on certain days and hours in accordance with DS Services’ written policies. They claim they regularly worked in excess of 40 hours per week (usually 50 to 60 hours each week), yet were not paid the required time-and-a-half. Instead, they were given bonuses and commissions.
The lawsuit alleges that DS Services’ wage-and-hour policies violate overtime pay requirements of the Fair Labor Standards Act. The size of the potential class of plaintiffs is unknown. Costco is not a defendant in the case.
The attorneys in Sommers Schwartz’s Complex Litigation Group have handled numerous wage and hour cases. If you have questions or concerns regarding compensation you may be owed or potential wage and hour violations, please contact us today for a free consultation.
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Jason Thompson is a nationally board certified trial attorney and co-chairs Sommers Schwartz’s Complex Litigation Department. He has a formidable breadth of litigation experience, including class action and multidistrict litigation (MDL), and practices nationwide in both state and federal courts.