Lawsuit Against Pep Boys (NAPSA)—A Federal Distriet Court in Tennessee has authorized a group of current and former employees suing auto parts giant Pep Boys to send a notice of their class action lawsuit to approximately 86,000 other current and former employees of Pep Boys. The workers claim that Pep Boys implemented a companywide policy of requiring its employees to work overtime hours without pay. The lawsuit was filed by a group of 10 employees and accuses Pep Boysof altering time cards to avoid paying workers overtime. Since its filing, the lawsuit has swelled to include thousands of employees. Employees may continue to join the lawsuit. The employees asked the court to approve a notice so that they could inform other employees of the lawsuit and give them an opportunity to join. All current and former employees of Pep Boys who were paid by the hour or on a “flat rate” or “piece rate” basis since August 1999 may beeligible to join the suit. Someof the employees involved in the lawsuit are concerned that some workerseligible to join the lawsuit may not get the notice. Notice to the workers is important because those who want to participate in the lawsuit must take specific actions, according to Greg McGillivary, who along with Charles Yezbak of Nashville, Tenn., represents the employees. “Unlike other class actions, employees are only included in the lawsuit if they file an appropriate form with the court. Unfortunately, this can cause some confusion,” said McGillivary who is a partner at the Washington, DC law firm Woodley & McGillivary. In addition to altering timecards, the lawsuit alleges that employees were required to work without pay: assisting customers after they clocked out, working Workers who wantto participate in a lawsuit, mustfill out the required form. while clocked out for lunch, completing paperwork, making deliveries and performing other duties while clocked out. The lawsuit also claims that mechanics and other workers who were paid on a “flat rate” or “piece rate” basis, as well as any workers who earned bonuses, commissionsor spiffs, were shortchanged because the company improperly calculated their overtime payments. “Many workers are fooled into thinking that if they are paid a ‘flat rate,’ they do not earn overtime pay,” said Yezbak. “They think that because they are paid for their production that the actual numberof hours they work does not matter.” According to Yezbak, federal law requires employers to pay extra money as an overtime premium to these workers and any workers who earn commissions, spiffs or certain other non-discretionary bonuses. Employees interested in joining the lawsuit or who would like more information, can reach Yezbak at 866-255-3866 or by e-mail at yezbak@yezbaklaw.com. McGillivary can be reachedtollfree at 866-833-8860 or at gkm@ wmlaborlaw.com. More information is available at www.yezbaklaw.com and www.overtimepay.com.
