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Oregon Judge Approves Class Action Status for Former Rent a Center Employees
01-21-03
RTO Online
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www.overlawyered.com
 
Federal Motor Carrier Act

 

Multnomah County, Oregon Circuit Judge Jan Wyers approved 'Class Action Status' for a group of former Rent a Center employees who claim the company violated state wage laws.

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The lawsuit was filed in 2001 by the firm of Bailey, Pinney and Associates on behalf of three former employees, Rob Pucci, Sam Patton and Chris Sherrill. Bailey, Pinney and Associates specializes in wage and hour complaints. They are one of a seemingly endless supply of firms that lure potential plaintiffs with the promise of 'you don't pay unless we collect'. The firms website www.wagelawyer.com offers potential clients on online form to inquire about representation...technology is a beautiful thing. A Judge in Florida once described class action lawsuits as "...The litigation equivalent of  'squeegee boys' who frequent major urban intersections,  run up to a stopped car, splash soapy water on its perfectly clean windshield and expect payment for the uninvited service of wiping it off."

The 2001 suit clamed Rent a Center failed to pay them all wages due under state law, to provide legally required lunch breaks, and to pay wages upon firing. According to Oregon law, if an employee is fired, all wages due must be paid the next business day. A violation of this law can result in 'Penalty Wages' equal to 30 days pay.

Rent a Center had claimed an exemption under the Federal Motor Carrier Act. The Act exempts companies from paying overtime under certain circumstances. Judge Wyers agreed with this exemption but did not grant Rent a Centers request for arbitration to settle the dispute, opting instead to allow the lawsuit to proceed.

The 'class-action status' would appear to open up the lawsuit to all hourly employees who worked for Rent a Center in the state between August 1995 and August 2001. Good news for lawyers since the fee for representing 3 guys from Oregon wouldn't buy lunch.

According to the plaintiffs attorneys, 96 affidavits have been taken from employees at 6 of Rent a Center's 19 Oregon locations.

Similar lawsuits are pending in California and Washington.

For the lawyers
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