United States Supreme Court Lets 2008 Family Dollar Ruling Stand; Birmingham Firms Wiggins Childs Quinn and Pantazis and Schreiber and Petro Represent Plaintiffs
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BIRMINGHAM, Ala.--(Business Wire)-- The United States Supreme Court announced today it will let stand a $35.6 million ruling against Family Dollar Stores Inc. (Morgan et al. v. Family Dollar Stores, Inc.), saying the chain denied employees overtime pay by classifying them as store managers. With interest the judgment is over $41,000,000. In 2008, a three-judge panel in the 11th circuit agreed with a 2006 Tuscaloosa, AL jury that found the Matthews, N.C.-based company in violation of the Fair Labor Standards Act and awarded back pay to 1,424 employees who routinely worked 60 to 70 hours a week. Their duties often included mopping floors, unloading trucks, stocking shelves and running cash registers. "The jury reasonably determined that Family Dollar failed to meet its burden of proving that Plaintiff store managers' primary duty was management," said Judge Frank M. Hull in her written opinion. She was joined by Judges Joel F. Dubina and Peter T. Fay. Birmingham attorney Allen Schreiber of the firm Schreiber and Petro and Bob and Greg Wiggins of Wiggins Childs Quinn and Pantazis represented the plaintiffs. "After the jury heard testimony from Family Dollar, it was clear they did nothing to ensure that these employees were properly classified," said Allen Schreiber of Schreiber and Petro, PC. Greg Wiggins of Wiggins Childs Quinn and Pantazis added, "In fact, Family Dollar admitted in their own testimony that the managers spent 80 to 90 percent of their time doing manual labor." Two Family Dollar employees from Alabama first brought the case forward in 2001. They along with 1,422 other plaintiffs will be awarded back pay from 1998 and continuing through March 3, 2006. Family Dollar (NYSE:FDO) operates 6,600 stores in 44 states, including Alabama. The discount chain offers low-cost products primarily to rural and small-town customers. For more information or to discuss lawsuit or trial specifics, please contact attorney Allen Schreiber of Schreiber and Petro, PC directly at 205.871.5080. Should you have issues reaching him, please call Ashley Fulmer, APR at 205.515.9114. Schreiber and Petro, PC Allen Schreiber, 205-871-5080 or Ashley Fulmer, APR, 205-515-9114 (cell) Copyright Business Wire 2009
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