Astarita v. Menard, Inc.
Case No. 5:17-cv-06151 (W.D. Mo.)
What is this lawsuit about?
Plaintiffs claim that Menard caused them to perform work off-the-clock and without pay because Menard did not pay them for the time spent participating in Menard's In-Home Training Program.
Plaintiffs claim that Menard violated the federal Fair Labor Standards Act (“FLSA”) and other state laws. Employees must be compensated for training that is "directly related" to their job, regardless of whether the training is voluntary or mandatory. See 29 CFR § 785.27.
Plaintiffs are seeking money damages and other relief on behalf of themselves and other employees who are similarly situated.
What is the status of the case?
On February 18, 2020, a Court-authorized notice was issued to a group of current and former Menard employees. Previously, the Court entered an Order granting conditional certification of the following group of people:
"All present and former hourly employees who worked or are working at Menard’s retail home improvement stores and/or distribution centers throughout the United States at any time from December 21, 2014 to the present, and participated in the In-Home Training Program without compensation, who worked 40 or more hours per workweek including any time spent in in-home training, and whose employment agreement does not contain a class or collective action waiver."
Important: Any present or former hourly employees who, when first hired at Menard, originally executed an employment agreement that permitted participation in a class or collective action, but that after December 21, 2017, executed an employment agreement or an arbitration agreement that contained a class or collective action waiver, are not precluded from joining this collective action.
How do I participate?
If you satisfy the above definition, then you are eligible to participate in this lawsuit. A Notice was mailed to eligible collective members on February 18, 2020. The Notice contained a form called a Consent to Join. The Consent to Join must be filled out, signed, and returned as provided in the Notice by April 3, 2020. You can also sign the Consent to Join online. Keep in mind that the time period for which you can seek payment for your unpaid wages will depend on when this form is filed with the Court.
Ryan L. McClelland
McClelland Law Firm, P.C.
The Flagship Building
200 Westwoods Drive
Liberty, Missouri 64068
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