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employment

1-800 Flowers.com, Inc.

Cummings v 1-800 Flowers.com, Inc. (Southern District of Ohio) Court File No: 3:16-cv-0034-TMR

On July 25, 2016, our law firm, along with the law firm of Leiman Johnson, LLC, filed a Complaint against 1-800 Flowers.com, Inc., and 1-800 Flowers Team Services, Inc. (collectively “1-800 Flowers”), on behalf of hourly paid employees. The employees in this class and collective action lawsuit assert that 1-800-Flowers failed to pay proper overtime wages to them and other employees who were paid on an hourly basis and earned incentive pay, commissions, and/or other bonuses. Specifically, the employees allege that 1-800 Flowers failed to include their incentive pay, commissions, and/or other bonuses in calculating their overtime rate of pay, in violation of federal and state laws. We seek to recover unpaid wages and liquidated damages for these workers.

Type of Case

Unpaid Overtime Wages

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Case Updates

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Am I eligible?

Because this lawsuit arises under both state and federal law, you may have a qualifying state law claim, federal law claim, or both state and federal law claims.

Do I Have a Qualifying State Law Claim?

You may have a claim under Ohio or Oregon state law if you worked for 1-800 Flowers.com, Inc., under any of its brands (Harry & David, The Popcorn Factory, Cheryl’s, Fannie Mae, 1-800-Baskets.com, Wolfeman’s, Stock Yards, and BloomNet) within the past three years, were paid hourly, worked overtime (over 40 hours per week), and received any form of incentive pay. Note: The state law claims in this case only apply to the individuals that worked in Ohio and Oregon during applicable statutory period in each state.

Do I Have a Qualifying Federal Law Claim?

You may have a federal law claim if you worked for 1-800 Flowers.com, Inc., under any of its brands nationwide (Harry & David, The Popcorn Factory, Cheryl’s, Fannie Mae, 1-800-Baskets.com, Wolfeman’s, Stock Yards, and BloomNet) within the past three years, were paid hourly, worked overtime (over 40 hours per week), and received any form of incentive pay.

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential class action under state law and a potential collective action under federal law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to file the motions at the appropriate times asking the Court to grant these certifications.

What Time Frame Is Covered?

The state and federal statutes of limitations allow workers to recover pay for overtime hours worked within two years of signing up for the lawsuit. If we prove the company willfully violated the law, the statute of limitations may be extended to 3 years.

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.

How Do I Prove I Worked Overtime?

We will request all applicable payroll records from the company. Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. This means that you do not need to have proof of the hours you worked in order to make a claim. You do not need any records of your overtime hours worked to be eligible.

How Long Will This Case Take?

The length of an action such as this varies from case to case.  They typically last from one to three years.

What About Retaliation?

The law protects you from retaliation for asserting your rights to recover wages under the Fair Labor Standards Act.  If you suffer retaliation, you may be able to assert additional claims. If you believe that you are the victim of retaliation for participating in this lawsuit, contact us immediately.

How Can I Help?

If you have any information that may assist us with this case, please contact our case clerk, Louis Hunter at lhunter@nka.com or call directly at (612) 256-3224.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Louis Hunter at lhunter@nka.com or call directly at (612) 256-3224. You can also review our case updates above.

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