wigginschilds
DOLLAR GENERAL SETTLEMENT
Documents and Information
You have reached the Wanda Womack, et al vs. Dollar General webpage.
As of March 6, 2013, checks were mailed to all eligible class members from the Administrator’s office located in Tallahassee, Florida.
Pursuant to the Settlement Agreement, the Claims Administrator will distribute to each Settlement Class Participant a Base Award based on her tenure (excluding periods as a Store Manager in a “Market Store”) (“Qualified Tenure’) during the class period (Feb 8, 2006 to April 1, 2012) as a proportion of the total Qualified Tenure of all Settlement Class Participants during the Class Period. Qualified Tenure will be calculated in increments of no less than one month (30 days), except for those who opted into the suit pursuant to the EPA, whose Qualified Tenure will be calculated based on length of service as a Store Manager from 2003 forward (and then again calculated as a proportion of the total Qualified Tenure of all Settlement Class Participants). This process will establish the pro rated share for all with at least one month’s (30 days) worth of Qualified Service to be applied against the funds designated for Base Awards by the Claims Administrator. The Base Award constitutes alleged back-pay and the Claims Administrator will adjust each award to withhold for applicable employee taxes and necessary government withholdings from the Base Award. (See Document 443 Pg 39 – 40).
For Non-Wage Damages Awards to Settlement Class Participants (Claims Form Award), the Claims Administrator will determine an appropriate allocation of non-wage damages among those Settlement Class Participants who are determined by the Claims Administrator to be eligible to receive a Non-Wage Damages Award. As to each Settlement Class Participant, each Non-Wage Damage Award shall be based on the information contained in the particular Settlement Class Participant’s claims form regarding alleged comparables, other types of claimed harm and verification of same, and Qualified Tenure during the Class Period. Qualified Tenure will be calculated in increments of no less than one month (30 days) except for those who opted into the suit pursuant to the EPA, whose Qualified Tenure will be based on length of service from 2003 forward. Non-Wage Damages Awards shall be subject to a cap of three (3) times the agreed-upon differential for each of the following two groups. For those promoted to the Store Manager position, the agreed-upon calendar year annual differential for settlement purposes is $710.00. For those hired into the Store Manager position, the agreed-upon calendar year annual differential for settlement purposes is $1,519.00. For Settlement Class Participants who worked less than a full year, the differential will be adjusted by dividing the number of months worked by 12 months, e.g., 6/12ths for a Settlement Class Participant who worked 6 months. These Non-Wage Damages Awards represent non-wage damages which are not subject to tax or government mandated withholding (meaning you will have to pay taxes on the amount you receive at the end of the year). The Non-Wage Damages Award shall be established prior to the setting of the Base Award funds for allocation per the methods set in Para. VIII A.1 (See Document 443 Pg 40-41).
If you have not received a check and feel that you should have, you will need to contact the Administrator’s office at 877-236-6515. If you received a check but have questions about your check (how it was calculated, certain withholdings, etc.), you will also need to contact the Administrator’s office at 877-236-6515. The Administrator’s office should be able to answer any and all questions you have regarding checks, as they are the office that prepared the data, processed it, cut and distributed the checks.
NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT AGREEMENT, AND SETTLEMENT HEARING
CORRECTED THIRD AMENDED COMPLAINT
ORDER APPROVING MODIFICATION OF THE SETTLEMENT AGREEMENT
CLAIMS FORM TO SEEK AN ADDITIONAL AWARD FROM THE SETTLEMENT FUND
GENDER DISCRIMINATION & SEXUAL HARASSMENT IN SCHOOLS
Title IX provides no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program activity receiving federal financial assistance.
Title IX applies at all elementary and secondary schools, colleges and universities – public or private – that receive federal financial assistance. The protection includes all aspects of the educational programs and activities. It provides a means to combat sex discrimination, including gender based harassment, sexual harassment, and sexual violence.
Gender Discrimination
- Comparable Educational Opportunities
- Including college and career preparatory programs
- Right to Equal treatment
- Academics
- Extra circular activities
- Financial Aid
- Facilities
- Housing
- Admissions
- Rights of pregnant and parenting students
- Discipline
- Grading
- Vocational education
- Employment
- Athletics
- Sexual and Gender Based Harassment
- Bullying on based on gender/sex stereotypes
Sexual Harassment
The Supreme Court established that Title IX sexual harassment liability required a showing that a school official who, at a minimum, had the authority to address the alleged discrimination and to institute corrective measures, had actual knowledge of the alleged discrimination and responded with deliberate indifference. In Gebser v. Lago Vista Independent School Dist., 524 U.S. 274, 118 S. Ct. 1989, 141 L. Ed. 2d 277, 125 Ed. Law Rep. 1055, 158 A.L.R. Fed. 751 (1998)
- Teacher on student sex abuse
- Student on student sex abuse
NAMED TO TOP EMPLOYMENT LAWYERS FOR 2012
Congratulations to Jon Goldfarb, Candis McGowan, and Abby Richardson for being named to eBoss’s Nationwide List of Top Employment Lawyers 2012.
We are very proud of both of them all!
$3.2 MILLION DOLLAR VERDICT – SEXUAL HARASSMENT, RETALIATION VERDICT
Jean-Baptiste v. D.C. Department of Parks and Recreation
On August 10, 2012, Jon Goldfarb and Abby Richardson completed a week-long trial against the D.C. Department of Parks and Recreation regarding the sexual harassment and retaliation claims of a single plaintiff, a former lifeguard. The plaintiff alleged she was consistently sexually harassed by her supervisor and complained to multiple managers over the course of several months about the harassment, all of whom refused to take any corrective action. When the plaintiff put her complaint in writing, she was fired three days later. The jury awarded the plaintiff $3.5 million in compensatory damages. The amount of backpay and the type of injunctive relief to which the Plaintiff is entitled is yet to be determined by the Court.
Please see more about it in the Washington Post
GENERAL MOTORS IGNITION SWITCH DEFECT
General Motors Co. issued a recall of 1.6 million vehicles because of an ignition design defect. The GM ignition defect has led to lawsuits alleging wrongful death as well as diminution (decrease) in value of vehicles.
Models identified as having the GM ignition switch defect include:
- 2005-2010 Chevrolet Cobalts;
- 2006-2007 HHRs;
- 2006-2007 Pontiac Solctice;
- 2005-2007 Pontiac G5;
- 2003-2007 Saturn Ion;
- 2007 Saturn Sky models.
Presently, attorneys at Wiggins and Childs are representing more than thirty-five (35) Plaintiffs nationwide and are continuing to investigate. For more information contact Greg Wiggins by phone (205) 314-0542 or by email gwiggins@wcqp.com.
Presently representing Plaintiffs in the following states:
Alabama, Arizona, California, Connecticut, Florida, Georgia, Iowa, Indiana, Illinois, Kansas, Kentucky, Lousiana, Maryland, Missouri, Minnesota, Maryland, Michigan, Mississippi, North Carolina, Nevada, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Washington DC
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
NOTICE OF RIGHT TO JOIN COLLECTIVE ACTION IN HOPE M. CARR, ET AL, V. AUTOZONERS, LLC, ET AL
All individuals who currently hold or previously held the position of Store Manager with AutoZone
excluding those store managers from California and Puerto Rico from February 27, 2012 to the present and all individuals who were employed as Store Managers from July 16, 2008 to February 27, 2012, who filed opt-in consents in the case of Michael L. Taylor v. AutoZone, Inc., Case No.: 3:10-cv-08125-FJM in the United States District Court for the District of Arizona.
The purpose of this Notice is (1) to inform you of the existence of a lawsuit; (2) to advise you of how your rights may be affected by this lawsuit; and (3) to instruct you on the procedure for joining this lawsuit, should you choose to do so.
This lawsuit is brought as a collective action against AutoZoners, LLC and AutoZone Stores, Inc.
(“Defendants”) by Hope M. Carr, Dwight Bryant, Jr., Allen S. Mobley, Jr., Mark W. Clark, Jr., and Paul Loy, who are current and former Store Managers of AutoZone (“Plaintiffs”). Plaintiffs allege that they and other similarly situated Store Managers, regularly worked in excess of 40 hours per week, were classified as “exempt” employees, and were not paid overtime for hours worked in excess of 40 per week. Plaintiffs all claim that these practices are a result of a common policy of AutoZone, that these practices violate the FLSA and that these alleged violations are willful. Since the filing of the lawsuit by the Plaintiffs, 53 other Store Managers have joined the lawsuit.
Defendants deny all of Plaintiffs’ allegations. The Court has not ruled on the validity of the Plaintiffs’ claims or Defendant’s denials. To learn more, please read the NOTICE OF PENDING FAIR LABOR STANDARDS ACT LAWSUIT
If you are or have been employed by AutoZoners, LLC or AutoZone Stores, Inc. as a Store Manager
(excluding those store managers from California or Puerto Rico) at any time from February 27, 2012 to the present and wish to join this lawsuit, you must sign, date, and mail the attached Consent to Join Collective Action Formno later than October 4, 2017. You may submit the Consent form by mail to Carr, et al. v. AutoZone Stores, Inc., et al., c/o Simpluris, Inc., P.O. Box 26170, Santa Ana, CA 92799.
If you were employed as a Store Manager at any time from July 16, 2008 to February 27, 2012 and filed an opt-in consent in the case of Michael Taylor v. Autozone, Inc., Case No.: 3:10-cv-08215-FJM in the United States District Court for the District of Arizona, and wish to join this lawsuit, you must sign, date and mail the attached Consent to Join Collective Action Form no later than October 4, 2017. You may submit the Consent form by mail to Carr, et al. v. AutoZone Stores, Inc., et al., c/o Simpluris, Inc., P.O. Box 26170, Santa Ana, CA 92799.
IMPORTANT DOCUMENTS
Download Notice
Download Consent to Join Form
Download Certification Order
Download Complaint
OPINION & ORDER CERTIFYING CLASS IN SCOTT V FAMILY DOLLAR
DOWNLOAD CLASS CERTIFICATION ORDER
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DEADLINES EXTENDED ON ACKER JR. LAWSUIT
A federal judge has agreed to delay filing deadlines on a lawsuit brought against former Alabaster teacher Daniel Acker, Jr. who pleaded guilty in 2012 to sexually abusing girls during his teaching tenure, according to court documents.
The civil lawsuit was filed in 2013 by Jon Goldfarb and L. William Smith on behalf of Kristin Hurt and four other unnamed plaintiffs.
Acker, who currently is in prison, taught at Thompson Elementary School, Creek View Elementary School and TIS, and was a school bus driver during his teaching tenure in Alabaster.
EMPLOYERS PAYING EMPLOYEES WITH PRE-PAID PAYROLL CARD OR DEBIT CARDS- CAUSING HOURLY RATE TO DROP BELOW MINIMUM-WAGE
The Fair Labor Standards Act states “Every employer shall pay to each of his employees… wages at… $7.25 an hour.” 29U.S.C. § 206(a). Pre-paid payroll cards have provided employers a way to save money immediately on payroll fees. However, the employer’s costs have been transferred to the minimum-wage employees in the form of the following fees:
- ATM Cash Withdrawal Fee
- Account-to-Account Transfer Fee
- Monthly Maintenance Fee
- Non-Monetary Transactions at ATM Fee
- Non-Monetary Transactions-Via Toll Free Number Fee
- Lost or Stolen Card Fee
- Stop Payment Fee
- Inactivity Fee
- ATM Transaction Decline Fee
- Check or Additional Statement Mailing Fee
If you are working a job that requires you to receive your payroll wages on a pre-paid card and wish to speak to an attorney, please contact Rocco Calamusa at rcalamusa@wigginschilds.com, and Patrick Pantazis ppantazis@wigginschilds.com.
TESTOSTERONE DRUGS – HEART COMPLICATIONS AND DEATH
Currently Wiggins Childs lawyers represent clients who have been prescribed Testosterone drugs and who have experienced heart attacks, strokes, or other heart complications. Our lawyers are continuing to investigate these cases, including for those whose loved ones have died after taking these Testosterone drugs.
If you have any questions about these types of cases, please contact Dennis Pantazis , Craig Lowell, or D.G. Pantazis, Jr.