What is the case about?

            The collective action lawsuit, Lenahan, et al. v. Sears Roebuck and Co., Court File No. 02-00045/MLC, was filed in the United States District Court for the District of New Jersey on January 2, 2002, by current and former product repair service technicians employed by Sears & Roebuck. The Complaint alleges systematic failure by Sears to pay overtime hours worked by its product repair service technicians under the federal Fair Labor Standards Act.  The lawsuit seeks payment of the overtime wages earned, as well as double damages and other relief, on behalf of the plaintiffs and potential collective members who join in the lawsuit. 

Am I included in the class definition?

            The class includes all former and current product repair service technicians who are or will be employed by Sears during the period NOVEMBER 15, 2001 - THE PRESENT who have not been compensated for all hours worked be eligible to seek to join in the lawsuit if it is approved as a collective action.

         To be eligible to join or “opt in” to claims in this action alleging failure to pay overtime claims under the Fair Labor Standards Act (“FLSA”), you must be any past or present Sears product repair service technician who, at any time during the liability period:

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

               At this point, the court has not ruled on whether or not Techs who are members of a union may be part of this case.

Am I automatically a part of the lawsuit?

            No.  In order to be part of the federal lawsuit, you must affirmatively indicate that you want to be included in the lawsuit as an unnamed plaintiff.  If you wish to become a part of the Lenahan, et al. v. Sears Roebuck and Co. action, please sign, date and return a “Consent to Join” form to:  Kaplan Fox & Kilsheimer LLP, 555 Montgomery Street, San Francisco, CA  94111.  If you do not file a written consent to join form, then you will not benefit if the Plaintiffs prevail on the FLSA claims.

What if I have questions that are not answered here?

            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.  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:

Can Sears retaliate against me if I join the lawsuit?   

            If you are still an employee of Sears, any retaliation by the company, its affiliates or subsidiaries against you for exercising your legal rights by participating in the lawsuit, providing us information, or otherwise assisting us, is illegal and may provide you with a separate basis for bringing a lawsuit.  Please report any act that you consider retaliatory to us immediately.  If Sears learns that you are participating in this lawsuit in some fashion (for example, sending information to us), its lawyers may approach you to answer questions.  You are not obligated to answer any questions from Sears concerning your communications with us or to provide Sears with a copy of any information that you provide to us.  If you wish to speak with someone other than us who is independent of Sears before deciding whether to answer Sears’ questions, we will provide the name of lawyers who can give you independent advice free of charge or for a minimal fee.

** Note **  We cannot promise that a collective action will be certified or that you will be found to be a member of any collective action that is certified.  By receiving your information, we are not agreeing to act as your personal attorney.  However, if you have a valid claim and meet other necessary elements, and the court certifies this lawsuit as a collective action, we will represent you in your capacity as a potential collective action member.  Currently, we are personally representing only individuals listed as plaintiffs in the Complaint.  If you wish to join in the Fair Labor Standards Act claims and appear to us to be eligible to do so, we will send you an “opt-in” form and a retainer agreement that you will be free to sign, if you so desire.