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Active Cases

Calhoun et al v. Fastenal Company

In October 2007 we filed a Complaint on behalf of assistant general managers against Fastenal Company.  These assistant managers seek overtime and minimum wage compensation under the Federal Fair Labor Standards Act.

The following staff from Nichols Kaster, PLLP are handling this case:

 

Quick Jumps

How do I get involved?

Do I have to pay anything?

Statute of limitations

How do I prove I worked overtime?

What about retaliation?

Which locations are included?

Status of case

Change of address and/or telephone

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How do I get involved?

Although this case is still active, the deadline to join has passed.

Do I have to pay anything?

You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.

Statute of limitations

There is a statute of limitations in this case that only allows you to recover pay for hours worked within 2 years of signing up for the lawsuit. If we can prove the company willfully violated the law, the statute of limitations may be extended to 3 years.

How do I prove I worked overtime?

Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. You do not need to have proof of the hours you worked and the court will generally accept a good faith estimate of your hours.

What about retaliation?

If you currently work for Fastenal and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately. The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims against Fastenal.

Which locations are included?

Past and present assistant managers from every Fastenal office nationwide may be included in this lawsuit.

Status of case

Updated 12/15/2008
Preliminary Settlement Approval Delayed until December 22nd Hearing

Although we had hoped that the Court would preliminarily approve the settlement at the hearing on December 8, the Court asked us to present the settlement and additional documents again on December 22. Thank you for your continued patience. We will update you again after the hearing.

Change of address and/or telephone

To update your address and telephone number, please contact us at:

Nichols Kaster, PLLP
Attn: Ryan Kopischke
4600 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
Toll Free Telephone: 877-448-0492, ext. 269
Telephone: 612-256-3269
Facsimile: 612-215-6870
Email: rkopischke@nka.com

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