As indicated in a blog post in September 2011, Riggan Law Firm, LLC, a Missouri overtime law firm, working in connection with Weinhaus & Potashnick, previously filed a class action lawsuit against St. Louis-based U.S. Auto Protection and U.S. Auto Warranty to recover unpaid overtime for a group of sales representatives. At relevant times, U.S. Auto Protection was in the business of selling extended automobile warranties (also known as vehicle service contracts). Also named as defendants in the lawsuit are certain individual owners/managers of U.S. Auto Protection, including but not limited to Ray Vinson, Jr., the owner of Vinson Mortgage Group.
In the lawsuit, the Plaintiffs allege that they were unlawfully denied overtime pay, in violation of federal and Missouri law. Early in the litigation, the Plaintiffs filed a Motion to Conditionally Certify the case as a class action pursuant to the Fair Labor Standards Act. The Plaintiffs asked the Court to Order the Defendants to provide Plaintiffs' counsel with a list of all class members who worked as pre-screeners (set-up employees) or closers at U.S. Auto Protection within the last three years, and to allow Plaintiffs to send out notice to the class advising them of their rights to opt-in to the lawsuit and assert a claim for unpaid overtime.
On December 23, 2011, the Honorable Judge Nanette Baker, with the United States District Court for the Eastern District of Missouri, issued an Order granting Plaintiffs' Motion for Conditional Certification. The Judge ordered a deadline of January 22, 2012 for Defendants to provide Plaintiffs with a list of all persons (and their contact information) who performed work for Defendants as a pre-screener (set-up employee) or closer. Once the Defendants produce the list of class members, then class members will be contacted and provided with the class notice and consent form.
Once the class notice and consent form is sent out to the class, the class members will have a designated period of time to opt-in to the lawsuit and assert a claim for unpaid overtime. Any class member may opt-in by providing Plaintiffs' counsel,Riggan Law Firm, LLC, with a signed copy of the consent form, which will be filed with the Court.
If you believe your rights to overtime pay have been violated, or if you want to learn more about your rights, you should contact a Missouri overtime lawyer.