In a significant legal move, a group of former employees has filed a collective action lawsuit against a prominent retail corporation, alleging violations of federal labor laws. On November 1, 2024, Jennifer Gibson, Mandie Goldberg, and Shanda Hartgerink filed the complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, targeting Bi-Mart Corporation for allegedly failing to pay overtime wages as mandated by the Fair Labor Standards Act (FLSA).
The plaintiffs—Gibson, Goldberg, and Hartgerink—are acting on behalf of themselves and other similarly situated employees who worked as Assistant Managers at Bi-Mart between October 2021 and October 2024. They claim that Bi-Mart systematically misclassified them as exempt from overtime protections under the FLSA. The lawsuit asserts that despite their managerial titles, their primary duties involved tasks similar to non-exempt employees such as sales and customer service. "Bi-Mart regularly required AMs to work in excess of 40 hours per workweek," the complaint states, accusing the company of deliberately avoiding overtime payments.
The case details how each plaintiff was employed by Bi-Mart during different periods: Gibson from October 2019 to April 2021, Goldberg from December 2018 to November 2020, and Hartgerink from November 2018 to May 2021. They allege that Bi-Mart's practices have been willful violations of the FLSA’s provisions on overtime wages. The plaintiffs argue that they did not exercise independent judgment or discretion in their roles and were bound by company policies without authority over significant decisions.
Seeking justice for these alleged infractions, the plaintiffs are asking for unpaid overtime wages along with an equal amount in liquidated damages as stipulated by the FLSA. Additionally, they seek restitution for employment taxes paid by Bi-Mart and demand coverage of attorney fees and litigation costs. They also request that notice be given to all potential members of this collective action so they can join if they believe they were similarly affected.
Representing the plaintiffs is Shavitz Law Group P.A., with attorneys Gregg I. Shavitz and Camar R. Jones leading the charge. The case is being presided over under Case Number: 502024CA010490XXXAMB Div: AE.