Berger Montague PC, alongisde Blanchard & Walker, PLLC, has filed a Fair Labor Standards Act collective action lawsuit on behalf of Plaintiff Brian Lemm and a proposed class of merchandisers who work or have worked for Premium Retail Services, Inc.
The lawsuit alleges that Premium Retail knowingly failed to properly pay its merchandising employees for all the time they have worked, violating federal law governing the payment of wages and overtime compensation.
Premium Retail is a retail solutions company that provides retail merchandising, strategy, and support to companies throughout the United States. Premium Retail employs merchandisers as non-exempt employees to perform these services for its clients.
According to the lawsuit, merchandisers are regularly required to drive between different jobsites during the workday. However, they are not compensated for their travel time even though driving between jobsites is part of the employees’ continuous workday. Premium Retail requires merchandisers to clock in and out at each different jobsite. The lawsuit alleges that Premium Retail’s systematic practice of not paying merchandisers for their time spent driving between jobsites during the workday deprives them of earned wages including overtime compensation.
The lawsuit also alleges that merchandisers routinely work off-the-clock each workweek without pay. Part of merchandisers’ job duties include mapping out job assignments, opening and sorting point-of-purchase displays prior to arriving at each jobsite, taking stock of material required by each job assignment, and matching displays with the appropriate project. Premium Retail, however, only pays merchandisers for work performed at the physical retail location jobsites, further depriving them of wages they have rightfully earned.
The Berger Montague team included Camille Fundora Rodriguez (Picture), Shanon J. Carson, and Alexandra K. Piazza.
The Blanchard & Walker team was led by David M. Blanchard.
Clients: Lemm Brian Allen;