SAN FRANCISCO, CA -- 10/22/07 --
On October 18, 2007, assistant managers
filed a putative collective action and class action
overtime lawsuit against Fastenal
Company in the United States District Court for the Northern District of
California. The lawsuit alleges that Fastenal violated the federal Fair
Labor Standards Act (FLSA) by misclassifying its assistant managers as
exempt from the FLSA and the corresponding state wage and hour laws.
Fastenal is a Minnesota company that manufactures and distributes
fasteners. The lawsuit was brought by two assistant managers who worked
for Fastenal in California and Pennsylvania. They brought the action as a
nationwide
collective action on
behalf of themselves and others similarly situated as well as a class
action in California and Pennsylvania.
Plaintiffs' attorney Paul Lukas explained, "Fastenal misrepresented that
assistant managers were exempt employees that should be paid on a salary
basis. In reality, the assistant managers performed non-exempt work; they
did not have management duties and did not supervise other employees. As a
result, assistant managers across the country were wrongfully denied overtime pay for the hours
they worked."
Plaintiffs are represented by Donald Nichols, Paul Lukas and Matthew
Helland from the law firm of Nichols Kaster & Anderson, PLLP. Nichols,
Kaster & Anderson has offices in Minneapolis, Minnesota and San Francisco,
California. The case is entitled Calhoun et al v. Fastenal Company, Civ.
No. 07- CV- 5326, N.D. California.
Individuals may find information about joining this action at www.nka.com
and www.overtimecases.com or by calling (877) 448-0492.
Contact:
Paul Lukas
(612) 256-3200
Matt Helland
(415) 277-7235
