Dear **:
This firm represents multiple Sam’s Club Fresh or Produce Assistant Managers (“AMs”) who have filed a lawsuit against Sam’s Club in Federal District Court in the United States District Court of New Jersey. This lawsuit is brought on behalf of the AMs that we represent and all other current and former AMs employed by Sam’s Club. The lawsuit claims that Sam’s Club improperly classified its AMs as exempt employees under the Fair Labor Standards Act (“FLSA”), when in fact their work did not warrant them being classified as exempt. Plaintiffs’ claims are that Sam’s Club had its AMs doing primarily hourly tasks such as stocking, merchandising, packing freight, checking expiration dates, endcaps and other types of associate type tasks, while spending very little time managing.
The lawsuit alleges that Sam’s Club failed to pay its’ AMs overtime to which we believe they were legally entitled. If the Plaintiff is correct, Sam’s Club could be liable to current and former AMs for unpaid overtime wages for each hour worked more than 40 hours per week.
You are receiving this letter because your name and information was available from public information. We would like to speak with you as soon as possible about your experience at Sam’s Club as a Fresh or Produce Assistant Managers. Your cooperation is important to the success of the case. Please contact Charles Gershbaum or Joshua Cittadino at (212) 545-1199. You may also e-mail us at info@hgrlawyers.com, cgershbaum@hgrlawyers.com or jcittadino@hgrlawyers.com.
Sam’s Club denies any wrongdoing and contends that it did not violate the FLSA by failing to pay overtime to its AMs.
Please know that state law prohibits your employer from retaliating against you for engaging in litigation to enforce your rights under labor laws. We look forward to hearing from you.
Regards’
Charles Gershbaum
Hepworth, Gershbaum & Roth, PLLC,
192 Lexington Avenue, Suite 802
New York, New York 10016
(212) 545-1199
Fax (212) 532-3801
E-mail- Cgershbaum@hgrlawyers.com