Broussard, et al. v. Stein Mart, Inc.
Case No. 4:16-cv-03247

Welcome to the Stein Mart Overtime Lawsuit Website

If you were an Assistant Store Manager at Stein Mart outside of the state of California between September 25, 2014 and October 9, 2016, a collective action lawsuit may affect your rights.


The deadline to submit your Consent to Join Form was April 9, 2018*

 


What is this lawsuit about?

The lawsuit alleges that Stein Mart misclassified ASMs as “exempt” employees, instead of properly classifying them as employees who are entitled to the protections of the FLSA, and failed to pay them overtime for hours worked over 40 in a workweek.  The Plaintiffs claim that the duties they primarily performed, such as greeting and assisting customers; cashiering; sales; returns; stocking; inventory; cleaning; folding, tagging and hanging clothes; and operational/clerical duties, entitled them to receive overtime compensation like other, hourly Stein Mart employees who similarly performed such duties.

Stein Mart denies that it violated any laws or did anything wrong.  Stein Mart claims that ASMs were properly classified as exempt employees because their principal duties were to manage his/her store, including the operations, and supervise the store staff.

The Court has not made any determination as to the merits of the allegations and defenses in this lawsuit.

This lawsuit was filed on November 3, 2016, and is known as Broussard, et al. v. Stein Mart, Inc., Case No. 4:16-cv-03247. It is pending before the Honorable Vanessa D. Gilmore in the United States District Court for the Southern District of Texas.

Who is included?

The lawsuit is proceeding as a collective action on behalf of all ASMs who worked for Stein Mart outside the state of California at any time between September 25, 2014 and October 9, 2016 who were classified as "exempt" employees and did not receive overtime compensation for hours worked over 40 in a workweek. In a collective action lawsuit, one or more persons who have similar claims can bring a lawsuit that includes others who have similar claims.  If an individual completed a Consent to Join form and joined the case by April 9, 2018, or by the date printed on the Notice that was mailed to them, they became part of the “Collective.”  In a collective action, one court resolves the issues for everyone who decides to join the case.

How do I participate in the lawsuit?

If an individual wants to be included, they must have completed and returned the “Consent to Join” form by April 9, 2018, or by the date printed on the Notice that was mailed to them.  By doing so, they have “opted in” and joined the lawsuit as a member of the Collective Action.

Your Legal Rights and Options

Return the "Consent to Join" Form and Join Lawsuit

If you chose to join in this lawsuit, you will be bound by and share in any ruling, settlement or judgment, whether favorable or unfavorable.  For example, you will share in any monetary recovery that might come from a trial or a settlement in this lawsuit.  Additionally, if Stein Mart prevailed at trial you would be bound by that judgment and would not be eligible for any monetary recovery individually.  If you chose to be included in this lawsuit you give up any rights to sue Stein Mart on your own for the same claims asserted in this lawsuit regardless of whether a monetary recovery is obtained or not.

If you wanted to be included, you must have completed and returned the “Consent to Join” by April 9, 2018, or by the date printed on the Notice that was mailed to you. By doing so, you will have “opted in” and joined the lawsuit as a member of the Collective Action.

Do Nothing and Stay Out of Lawsuit By doing nothing, you will NOT be included in this lawsuit.  This means that you will not be bound by or share in any ruling, settlement or judgment, whether favorable or unfavorable.  You will give up the possibility of a monetary recovery that may come from a trial or settlement in this lawsuit if the Plaintiffs are successful.  However, you will still retain any rights you may have against Stein Mart over the claims in this case even if Stein Mart prevails in the lawsuit.  You should be aware that your time to bring Fair Labor Standards Act (“FLSA”) claims is limited by either a two- or three-year statute of limitations. 

 

FOR MORE INFORMATION

Visit this website often to get the most up-to-date information.

Mail

Stein Mart Overtime Lawsuit
c/o JND Legal Administration
P.O. Box 91307
Seattle, WA 98111