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employment

SPAR Business Services

Rodgers v. SPAR Business Services, Inc.
Court File No. 3:14-cv-00055

On February 21, 2014, two merchandisers brought claims against Spar Business Services in federal court, alleging that Spar unlawfully withheld overtime wages when it improperly classified merchandisers as “independent contractors.” The Complaint is available here. In December 2015, we began working together with The Melton Law Firm on this action because we believe that other merchandisers were similarly affected by Spar’s pay and misclassification practices.

On December 8, 2015, the Court issued and order conditionally certifying a group consisting of merchandisers in the Houston and Galveston areas. Merchandisers in these areas will have until March 11, 2016 to join this case by completing and returning a Consent Form. We renewed our request with the Court to proceed as a collective action for all of Spar’s merchandisers in this country, working outside of California, not just those in the Houston and Galveston areas.  That request is pending with the Court.

Type of Case

Unpaid Overtime Wages

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Additional Information

Do I Have a Claim?

If you worked as a merchandiser for Spar, were classified as an “independent contractor,” worked over forty hours during any work weeks in the past three years without receiving overtime premiums, you may have a claim to seek to recover back wages.

How Do I Join This Case?

To make a claim in this action under federal law, you must complete a Consent Form and return it to us immediately for filing with the Court.

What Locations Are Included?

The Court has already allowed a conditional collective of merchandisers from the greater Houston and Galveston areas to proceed together in this case. We plan on renewing our request to include all merchandisers outside of California interested in joining.

What Time Frame Does This Case Cover?

There is a statute of limitations that allows you to recover pay for hours worked during the two years before you bring your claim. If we can prove Spar willfully violated the law, the statute of limitations will be extended to three years.

Do I Have To Pay Anything?

The attorneys are handling this case on a contingency fee basis. This means we will only be paid if we are successful in obtaining relief for you. Our payment will only come out of your settlement, final judgment, or award. If for some reason we are not successful, you pay us nothing.

How Do I Prove I Worked Overtime?

During litigation, we will request that Spar provide us with any documents or other evidence of your work hours. Where the employer does not keep accurate time records, most courts permit the employee to make a “good faith” estimate of the overtime hours they worked. You do not need to have documentary proof of the hours you worked, and the court will generally accept a good faith estimate of your hours.

What About Retaliation?

The law protects employees against retaliation for asserting their rights, and if you suffer retaliation, you may be able to bring additional claims. If you currently work for Spar, and you feel you are the victim of retaliation for participating in this case, contact us immediately.

How Can I Help?

If you have information that may assist us with this case, including non-confidential documents that relate to unpaid overtime, please contact the case clerk, William Elsass, at welsass@nka.com or toll free at (877) 448-0492, ext. 260.

How Do I Learn More?

To learn more about this case, contact the case clerk, William Elsass, at welsass@nka.com or call toll free at (877) 448-0492, ext. 260.

Case Updates

  • January 7, 2016

    SPAR Business Services Update

    On December 8, 2015, the Court issued and order conditionally certifying a group consisting of merchandisers in the Houston and Galveston areas. The Court later approved the parties’ proposed communications with these merchandisers about the lawsuit. Merchandisers in these areas will be sent judicial notice of the lawsuit on January 11, 2016, and they will have until March 11, 2016 to join this case by completing and returning a Consent Form. We plan to later renew with the Court our request to proceed as a collective action for all of Spar’s merchandisers outside of California, not just those in the Houston and Galveston areas. In the meantime, merchandisers outside of the Houston and Galveston areas have been joining the case.

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