Carolina Herrera (Assistant Managers)
Defendants do business as “Carolina Herrera,” a manufacturer and retailer of designer clothing.
Position(s): Assistant Managers
Location(s): anywhere in the United States
Time Period: July 8, 2018 through the present.
The Claims in the Lawsuit
The Complaint alleges that Defendants willfully misclassified Assistant Managers as exempt from overtime pay pursuant to the Fair Labor Standards Act’s (“FLSA”) “executive exemption,” see 29 U.S.C. § 207(a)(1); 29 C.F.R. § 541.100, despite knowing that their primary job duty—selling clothing in Defendants’ retail stores—does not fall within the executive exemption any of the FLSA’s exemptions to the statute’s overtime pay requirements. The complaint further alleges that Assistant Managers routinely worked hours in excess of forty (40) in a workweek, but were not paid any overtime compensation, in violation of the FLSA.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Join forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.