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Employment

DisplayMax, Inc. and FixtureMax, Inc.

Joseph, et al v. DisplayMax, Inc. and FixtureMax, Inc.
Case No. 2:19-cv-12872 (Eastern District of Michigan)

On October 1, 2019, a former merchandiser filed a lawsuit against Displax Max, Inc. and FixtureMax, Inc. Plaintiff asserts claims on behalf of herself and other similarly situated individuals, including merchandisers, installers, demolition/construction workers, and other positions with similar titles and/or duties. DisplayMax, Inc. is a merchandising company providing in-store retail services, including store/product merchandising, store remodels/renovations, product display, construction and installation, and new store set-ups for companies throughout the United States. The Complaint alleges that the Defendants paid Plaintiff, and others similarly situated, a flat daily rate, but no overtime compensation when they worked overtime hours.

Plaintiff brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for herself and others.

Our firm has partnered with attorneys David M. Blanchard and Frances J. Hollander of Blanchard and Walker, PLLC in Ann Arbor, Michigan in representing the plaintiffs in this case.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You are eligible to make a claim in this case if you worked for DisplayMax and/or FixtureMax at any time within the past three years, in any state, as a merchandiser, installer, demolition/construction worker, or other position with similar title and/or duties, and were not paid an overtime premium for the hours you worked over 40 per week.

Additional Information

Is This a Class Action? What Does that Mean?

This case is a potential collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other similarly situated people who have similar claims. In order to proceed as a group, though, the Court must certify the collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times asking the Court to grant this certification.

Which Locations Are Included?

This case seeks to include all merchandisers, installers, demolition/construction workers, or other positions with similar titles and/or duties, that work or have worked for DisplayMax and /or FixtureMax anywhere across the country within the past three years. 

How Do I Join This Case?

In order make a claim in this case for your unpaid overtime under the FLSA, the federal law at issue, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.

What Time Frame Does This Case Cover?

The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods.  Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that DisplaxMax and/or FixtureMax intentionally or recklessly violated the law, then the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

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

How Do I Prove I Worked Overtime?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. If DisplayMax and/or FixtureMax did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for DisplayMax and/or FixtureMax and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Danielle Kahler at (612) 256-3214 or dkahler@nka.com immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

How Can I Help?

If you know anyone interested in making a claim for unpaid overtime, they should contact the case clerk, Danielle Kahler, at (612) 256-3214 or dkahler@nka.com to sign up.  There is strength in numbers. 

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Danielle Kahler, at (612) 256-3214 or dkahler@nka.com.

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