LENAHAN, et al. v. SEARS ROEBUCK CO.
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Situation
This class action suit was filed in the United States District Court for the District of New Jersey by current and former product repair service technicians employed by Sears, who challenged its "Home Dispatch Program." The plaintiffs were hourly employees who worked as product repair service associates, and were not exempt from overtime provisions of the federal and state wage and hour laws. The plaintiffs alleged on behalf of themselves and all similarly situated persons that Sears had willfully engaged in a pattern and practice of unlawful conduct by failing to report, record or compensate Sears non-exempt repair associates – including the plaintiffs – and members of the class and sub-class for the time they worked.
Summary
The complaint alleged Sears' systematic failure to pay its product repair service technicians for all hours worked under the federal Fair Labor Standards Act (FLSA). The lawsuit sought payment of the wages earned, as well as double damages and other relief, on behalf of the plaintiffs and potential collective members who join in the lawsuit.
Result
After protracted litigation, Sears agreed to repay $15 million to its Home Dispatch employees.




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