Worked as an hourly employee at Sears and
	Was was not paid for all of the hours worked for Sears.

            The FLSA claim, under federal law, cannot be asserted as a class action.  Rather, the Plaintiffs who brought this lawsuit will ask the court to let it proceed as a “collective action.”  As a “collective action,” anyone who desires to join in the claims in this lawsuit and who meets the criteria described above must file a “Consent to Join” form.  If you do not file a written consent to join form, then you will not benefit if the Plaintiffs prevail on the FLSA claims.

         While not definitively settled, most courts have concluded that the time period covered by the FLSA claims is not the same for each person who files a consent form.  Instead, the FLSA claim of each “opt-in plaintiff” will reach back a minimum of 2 years to a maximum of three years from the date a written consent form is filed with the court.  Thus, if you believe you meet the above criteria and that you have a claim against Sears under the FLSA, you should obtain, fill out and return to us a “Consent to Join” form as soon as possible.

            If you would like to understand your rights, or obtain a consent form, or ask questions about this lawsuit, please contact Kaplan Fox & Kilsheimer LLP or Schneider & Wallace listed below or fill out our online contact form.  If you choose to contact us in writing, please remember to include your name, email address, street address, and/or telephone number(s), so we may respond: