Important Information
Introduction
This webpage informs you of the existence of a class action lawsuit in which you potentially are "similarly situated" to the named Plaintiffs; to advise you of how your rights may be affected by the lawsuit; and to instruct you on the procedure for participating in the suit, should you decide that it is appropriate and should you choose to do so.
Background
On July 20, 2004, Yvette Rubery brought a lawsuit against the defendant on behalf of herself and all other past and present shop managers of The Body Shop whose primary duties involved the sale of skin, body, hair, makeup and bath products and/or those who had weeks where they supervised less than 80 employee hours. (ASMs + SAs hours were less than 80 for the job week.) The general type of job duties are those similar to work performed by Sales Associates.
The Plaintiff alleges that The Body Shop wrongfully classified these employees as “exempt” from overtime requirements and failed to properly pay overtime for all hours worked by these employees.
Plaintiff alleges that she is entitled to recover unpaid wages and overtime pay for all the years that defendant failed to properly compensate her because the actions of defendant were willful. Plaintiff also seeks an additional equal amount as liquidated damages and/or prejudgement interest, attorneys' fees and costs. This lawsuit is currently in the early pretrial stages.
Composition of the Class
The named Plaintiff seeks to sue on behalf of herself and also on the behalf of other employees with whom she is similarly situated.
Specifically, the Plaintiff seeks to sue on behalf of any and all employees who were employed as Shop Managers and either performed the duties of a sales associate and/or had weeks where they supervised less than 80 employee hours, and who at any time between July 20, 1998 and July 5, 20003 were not paid fully for and should have been paid overtime.
The class consists of those employees who in the time period described above were suffered or permitted to work more than 40 hours in a week by The Body Shop, whose job duties included performing sales functions and who did not receive compensation at time and one half for hours they worked over 40 in a week.
Your Right to Participate in the Suit
If you fit the definition above, you may join this lawsuit (that is, you may "opt in") and allow us to investigate your claim by mailing the "Consent to Become a Party Plaintiff" form to Plantiffs' counsel at the following address:
The Body Shop Class Action Lawsuit
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
(585) 272-0540 (tel)
(585) 272-0574 (fax)
If you file a "Consent to Become a Party Plaintiff" form, your continued right to participate in the suit may depend upon a later decision by the District Court that you and the Plantiffs in this action are actually "similarly situated" in accordance with federal law.
Effects of Joining this Lawsuit
If you choose to join the suit, you will be bound by the Judgment, whether it is favorable or unfavorable. While this suit is proceeding, you may be required to respond to written questions, sit for depositions and/or testify. The attorneys for the class will work to ensure this is with minimum inconvenience to you. In addition, the attorneys for the class plaintiffs are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorney's fee. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.
By joining this potential lawsuit, you designate the class representatives as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.
These decisions and agreements made and entered into by the representative plaintiff will be binding on you if you join this potential lawsuit. If you would like to see a copy of the retainer agreement entered into by the class representative, please contact the law firm representing you in this matter.
No Legal Effect in Not Joining this Lawsuit
If you choose not to join this suit, you will not be affected by any judgment or settlement rendered in this case as to the federal claims, whether favorable or unfavorable to the class. If you choose not to join in this lawsuit, you are free to file your own lawsuit under federal law. However, if you delay in joining this lawsuit, the statute of limitations will bar any recovery for two or three years prior to joining or commencing such an action.
No Retaliation Permitted
Federal law prohibits The Body Shop from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.
Your Legal Representation If You Join
If you choose to join this lawsuit your interests will be represented by the named plaintiff through his attorneys as counsel for the class. Counsel for the class is:
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
585-272-0540
Contact Us
Further Information
Further information about this Notice, the deadline for filing a "Consent to Become a Party Plaintiff", or questions concerning this lawsuit may be obtained by writing Plaintiffs' counsel at the address shown above.