PEP BOYS OVERTIME CASE

If you are a current or former employee of Pep Boys who was not paid all overtime compensation owed to you, you may be eligible to participate in this case and should carefully review the following.

Summary of the Lawsuit

On July 17, 2008 nine current and former employees of The Pep Boys-Manny, Moe & Jack, Inc. (“Pep Boys") filed a lawsuit in federal court in Atlanta, Georgia, alleging Pep Boys failed to pay them all overtime compensation owed to them. The lawsuit contends that Pep Boys willfully violated the overtime pay provisions of the Fair Labor Standards Act (the “FLSA”) by systematically failing to pay overtime wages to Plaintiffs and potentially thousands of other current and former employees. The FLSA requires employers to pay all employees for every hour of overtime pay at the rate of 1.5 times their “regular hourly rate,” unless an exemption applies. This requirement applies even to “salaried” employees and regardless of what job title an employer gives to their position. The Plaintiffs claim that Pep Boys failed to fully compensate them for all their overtime hours worked.

Pep Boys is a nationwide retail and service chain of stores that provide automotive merchandise, parts, tires and service, and related sales, with approximately 592 store locations in 36 states and Puerto Rico, and over 20,000 employees. The Plaintiffs held and hold various job titles, such as Manager, Assistant Manager, Service Advisor, Mechanic, Technician, Master Technician and Installer. As to the Plaintiffs and other current or former Pep Boys employees who are now or have worked in the past as “Assistant Managers,” “Service Advisors,” “Installers,” or any similar job positions with different titles but similar job duties, the lawsuit alleges that they are paid by Pep Boys on an hourly basis but they regularly work more than 40 hours per week and do not receive full overtime pay. The lawsuit also alleges that Pep Boys’ store “Managers” are non-exempt employees entitled to receive overtime pay for all hours worked over 40 in a work week, even though Pep Boys classifies them as salaried employees. The lawsuit also alleges that “Mechanics,” “Technicians” and “Master Technicians” are paid improperly under Pep Boys' Technicians' and Mechanics' Compensation System, which calculates wages in a manner that systematically results in the failure to pay all overtime compensation owed to those employees.

This case is in its early stages, and the Court has made no findings that the Plaintiffs’ allegations are true or that Pep Boys is liable. However, if the Plaintiffs prove their allegations under the FLSA they and other eligible current and former employees of Pep Boys may be owed all of their back compensation for unpaid overtime for the last three years, plus attorneys’ fees and litigation expenses. The Plaintiffs allege that Pep Boys willfully violated the FLSA, entitling them to also seek recovery of additional “liquidated damages” equal to the amount of unpaid overtime compensation. Thus, if successful on all their claims the Plaintiffs and other eligible employees who agree to join the case can recover double the amount of unpaid overtime wages due them.

Importantly, the FLSA allows similarly situated current or former employees to join an existing overtime case. If you are currently employed by Pep Boys, the FLSA prohibits an employer from retaliating against an employee who brings an overtime claim.

How do I Join?

If you are or were an employee of Pep Boys, please carefully read this notice. To be eligible to participate by asserting a claim in this case, the following must apply:

(1) At any time between July 17, 2005 through the present, you worked in one of the following positions: Manager, Assistant Manager, Service Advisor, Mechanic, Technician, Master Technician, Installer, or any job position of a different title but with substantially similar job duties as one of the above positions;

(2) You worked overtime (more than 40 hours per week) and were not paid for it; and

(3) You execute a written consent form agreeing to join this case. Click here to view and download the form.

The Court has not yet conditionally certified any class of plaintiffs in the case, and the Court has made no determination as to whether employees in the positions identified above may opt-in to this case or are entitled to any recovery.  All issues in the case remain to be litigated. If you participate in the case, there is no guarantee the Plaintiffs will prevail on their claims or that any recovery will be obtained. You are not required to be represented by Plaintiffs' attorneys to opt-in to the lawsuit. You may retain the attorney of your choice to represent you. Or, you may allow Plaintiffs’ attorneys to represent you at no cost.

How can I get more information?

For more information concerning the lawsuit and the Plaintiffs’ claims, view the complaint filed in court here.

Pep Boys has not yet answered the complaint. Once it does, a copy of the answer will be available for viewing here.

For more information or to discuss your claim, contact one of the lawyers representing the Plaintiffs in this case:

Jay Brownstein
Brownstein Nguyen & Little LLP
2010 Montreal Road
Tucker, Georgia 30084
(678) 921-0143
jdb@bnllawfirm.com

Kevin Little

Calling or sending a confidential e-mail with questions will not obligate you to join and will cost you nothing. You will not be required to pay any up-front attorneys' fees or expenses.

Retaliation?

If you still work for Pep Boys and fear that you may be the victim of retaliation for participating in this case, you should know that Pep Boys is strictly prohibited by law from taking any action against you for participating in this lawsuit or otherwise pursuing your overtime rights.

Home | Firm Overview | Practice Areas | Attorney Profiles
Resources Links | Articles | Useful Information | Contact Us