Audet and Partners, LLP has filed a class action against Dollar General Corp. (“Dollar General”) in the United States District Court for the Middle District of Tennessee, Case No. 3:13-cv-00652, alleging violations of the Federal Fair Labor Standards Act, as well as specific employment statutes within the State of Tennessee. You can click here to view a copy of the Complaint filed on July 3, 2013.
The lead plaintiffs in this lawsuit allege that while working between 32-40 hours per week, they were given meal breaks but as supervisory “keyholders” they were not allowed to leave work premises during these meal periods. The class of employees represented in this action includes all hourly “non-exempt” Dollar General employees whose pay is/was subject to an automatic meal break deduction but who, nevertheless, are/were forced to perform compensable work during meal periods in violation of federal and state laws.
William Audet, Founding Partner of Audet and Partners, LLP, stresses that the allegations set forth in this class action complaint are squarely at odds with applicable federal and state employment laws and regulations. “The law is amply clear that non-exempt employees entitled to a statutory meal break during their shift must be allowed to leave their place of employment during this break. Requiring employees to remain on premises during a statutory meal period wholly fails to comply with these statutory mandates. If Dollar has restricted the ability of employees to use their meal periods as their own time as alleged, the company may be held to answer for back pay and penalties dating back up to six years.”