Case Title: Griffith v. Menard, Inc.
Case No. 2:2018-cv-00081
On January 31, 2018, we filed this collective and class action on behalf of all hourly paid employees of Menard.
What is the Case about?
We filed this collective and class action against Menard Inc. in the U.S. District Court for the Southern District of Ohio for a class of hourly employees who were not paid for all hours worked.
The Case alleges that Menard violated the Fair Labor Standards Act by failing to pay employees for all hours worked. Specifically, Menard does not pay employees for rest breaks lasting less than 20 minutes, mandatory meetings, or at-home training.
Plaintiffs believe that they and other hourly employees are entitled to recover unpaid wages, unpaid overtime, interest on the unpaid wages, liquidated damages, attorney’s fees, and costs.
Who is Eligible for this Case?
Anyone who worked for Menard as an hourly paid employee in the retail stores or in the distribution/manufacturing facilities within the past three years is potentially eligible for the Case.
The Opt-in period for this case is still open, but it will close soon.
The close of the opt-in period does not bar your claim, only the statute of limitations (generally three years) can bar your claim. If the opt-in period has closed we will still try to enroll you in the current claim, if you sign a consent form, but we may have to bring your claim separately.
How do I Join the Case?
You may join the Case by e-signing this Consent Form. You may also print out the form, sign it, and mail it to our office at, 819 North Upper Broadway, Corpus Christi, TX 78401. It is important to sign and return this form as quickly as possible because the time period for your recoverable wages will depend on when this form is filed with the Court.
Can I be fired for joining?
The law prohibits Employers, or their agents, from firing, harassing, discriminating, or retaliating against an employee for taking part in a case for back wages.
Will this cost me anything?
You will not pay anything to join this case. This case is being handled on a contingency fee basis. Our firm will only be paid if we win the case and recover your back wages. Our payment will come out of the recovery amount.
January Update: We filed this Case on January 31, 2018.
April Update: On April 23, 2018 this case was ordered stayed pending the Supreme Court’s decision in the Epic Systems Case.
June Update: Defendant filed their Answer on June 11, 2018.
August Update: On August 31, 2018 the Stay was lifted and the case has resumed.
September Update: On September 11, 2018 this Case was ordered to be transferred to the Northern Division of the District of Ohio.
November Update: The Court has authorized notice to be sent out to employees who were affected by Menard’s policies.
December Update: Notice forms have been sent to all current and former employees who worked for Menards, anywhere in the United States, at any time in the last 3 years. If you have already signed up for this case you may receive another notice and consent form from the third party administrator. You do not need to fill out the new form. Please remember if your phone number, email address, or physical mailing address has changed since you last spoke with us, you need to contact our office and let us know your new contact information.
January Update: We are still in the Notice period. The Deadline to join this Case is January 19, 2019.
February Update: The Notice period for this case has closed. We are still adding people who sign up for this case. We will try to enroll those who sent in their signed consent forms after the notice period in this current case, but we may have to file them in a new case. We will be trying to organize mediation with Menards to resolve the case soon.
March Update: We are working on organizing mediation with Menards to resolve the case.
April Update: On March 25, 2019 we filed a Second Amended Complaint. Read it Here.