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LAWSUITS NEWS & LEGAL INFORMATION

$3.8M Settlement Reached in KMART Employment Class Action Lawsuit


This is a settlement for the Employment lawsuit.

Santa Clara, CA: A $3.8 million settlement has been reached ending two collective actions brought against KMART on behalf of assistant managers who allege they were wrongly classified as exempt from overtime pay, in violation of the Fair Labor Standards Act (FLSA) and state labor laws.

The class is estimated to include some 422 people, with each plaintiff receiving roughly $9,000, depending on how long they worked for the company. Additionally, it provides $7,500 for each of the four named plaintiffs.

The settlement motions seeks preliminary certification of the class and scheduling of a final approval and fairness hearing. The settlement would encompass a suit filed in the U.S. District Court for the District of New Jersey, Fischer v. Kmart, and another in the Western District of New York, Hautur v. Kmart.

The suits sought unpaid overtime and liquidated damages as a collective action under the FLSA, as well as damages as a class action under the overtime laws of New Jersey, Maryland, New York and Ohio.

Class members will have the opportunity to opt out of the settlement, however, should more than 5 percent of class members opt out, Kmart will have the opportunity to terminate the settlement, according to court documents.

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Published on May-26-16

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READER COMMENTS

Posted by
Julie Cahall
on
I worked at Kmart from 1983 until 2002. I worked at Macs are Kmart in Holmes pa I believe I am do my pension .I never got anything when I quit. Please let me know what my settlement will be. Thank you, Mrs Julie C.

Posted by
Johnny Johnson
on
still haven't heard a word in 4 years who to contact to get a status

Posted by
Morgan Crater
on
Received a settlement letter from Kmart filled out and sent it in. Other people received their checks a month ago. I have not. I can't find the paper, I do not know who to call.

Posted by
TJ
on
Kmart what a joke!!!

Posted by
Johnny Johnson
on
Still no contact or verification to my follow up to this class action lawsuit i signed on back between 2007-2013 my employment term since before retiring 10/31/2013

Posted by
Joseph
on
Has anyone received a check yet

Posted by
bob clemens
on
I sent my paperwork in as requested to be part of the suit and have not heard a word concerning the results and when we can expect to hear concerning this matter.

Posted by
Lori ( Mcdow) Langenbahn
on
I was a Assitant manager for Kmart for 15 years !
Last day was Oct 23 2013 !
Is it to late for me ?

Posted by
Johnny Johnson
on
Where and who do we contact to follow up on this settlement

Posted by
Johnny johnson
on
I'm part of this class action lawsuit as an assistant manager who retired October 31, 2013 have not heard from the settlement office since. I would like to know the status of the payout and my portion

Posted by
Johnny Johnson
on
I initially signed up to be apart of this lawsuit but haven't heard anything since

Posted by
Kenneth Bates
on
Piss on kmart. They sure cheated us on our closing.

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