Class Action In Canada
Michaels Stores, Inc. Lawsuit
Scarfone Hawkins LLP
Class Action In Canada: CLASS ACTION CLAIM OVERVIEW
A Statement of Claim was issued in the Ontario Superior Court of Justice for damages and other relief against Michaels Stores, Inc., The Arts and Crafts Superstore.
The Class Action Statement of Claim has been brought on behalf of a class consisting of any persons in Canada who as employees of Michaels worked in excess of 44 hours in any given week without receiving overtime pay.
The Statement of Claim, which contains allegations yet to be proven in court, alleges that managers and assistant managers at Michaels retail stores across Canada routinely worked in excess of 44 hours per week performing mainly non-supervisory/non-managerial tasks and that Employment Standards legislation requires that Michaels pay overtime pay to those employees at the rate of 1 ½ times the regular rate for each hour over 44 hours in a week.
The Statement of Claim alleges that Michaels specifically required that its store managers and assistant managers work 60 hours or more per week during busy peak sales periods. The pre-Christmas period is one such busy sales peak for Michaels and many other retailers.
It is suspected that the problem is widespread in the retail sector and that Michaels is not the only alleged offender.
Michaels is a publically traded company on the New York Stock Exchange (NYSE) and trades under the symbol "MIK".
Michaels is the world's largest retailer of arts, crafts, framing, floral, decorative wall decor and seasonal merchandise for the hobbyist and do-it-yourself home decorator.
The Statement of Claim alleges that Michaels owns and operates approximately 30 stores in Canada along with close to 700 stores in the United States.
The Statement of Claim alleges that Michaels knew or ought to have known that by classifying employees as supervisory or managerial, it would avoid liability for proper payment of overtime pay required pursuant to Employment Standards legislation.
The Statement of Claim requests that Michaels pay all such present and former employees for all overtime hours worked in excess of 44 hours per week in any given week at the rate of 1 ½ times the regular rate of pay, for all such weeks.
The entire text of the Statement of Class Action Claim (PDF) is available here.
We are compiling a database of individuals who live in Canada who are or were employees of Michaels Stores, Inc. who worked in excess of 44 hours in any given week without receiving overtime pay.
If you would like more information regarding this claim or wish to be added to our database of claimants, please e-mail us or call the Scarfone Hawkins class action hotline at 905-523-8048 or 1-888-245-8829.
9/10/2010
