Getman, Sweeney & Dunn has filed an overtime pay lawsuit on behalf of Pawnbrokers against EZCorp, Inc. for violations of Federal overtime laws. A Pawnbroker filed this collective action lawsuit charging EZCorp, Inc.for failing to include bonuses and/or commissions in calculating overtime pay and failing to pay proper overtime as required by federal law. She is asking the Court to award her and the class unpaid overtime wages and an equal amount of liquidated damages for failing to pay the wages on time. You can view the Complaint in the case here.
If you worked in a pawn store for any of the brands in the EZCorp family, in the last three years, were paid on an hourly basis, received bonuses and/or commissions, and worked over 40 hours in a workweek, then you are eligible to join the case to recover back wages and liquidated damages. EZCorp’s brands include: EZPawn, Value Pawn & Jewelry, USA Pawn and Jewelry Company, CashConverters, Cash Pawn, Ea$ypawn, Easy Cash Pawn, EZ Jewelry & Loan, Jerry’s Pawn Shop, Maxit Pawn, EZ Cash Metro Pawn, Pawn Plus, and Premier Pawn & Jewelry.
To have your federal overtime wage claims included in the case, you must file a Consent to Sue as soon as possible. You can fill out a Consent to Sue and Getman, Sweeney & Dunn will file it on your behalf. You can find the Consent to Sue form here.
How to Join this Case
If you have worked for EZCorp you can join this case by completing this online Consent to Sue form or by printing this Consent to Sue form and mailing it to Getman, Sweeney & Dunn. You need the free Acrobat Reader installed to view the form.
Case Information Video - posted October 27, 2022
Answers to Common Questions - posted September 2, 2022
What claims are covered in this case?
The case covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”). The specific violation claimed is that EZCorp failed to pay overtime wages for all hours worked over 40 in a workweek to its Pawnbrokers. Pawnbrokers’ bonuses and commissions should have been considered part of Pawnbrokers’ regular hourly pay rate, and an increase in the hourly rate would result in an increase in the overtime pay rate. However, EZCorp did not include bonuses and commissions in the regular rate of pay for the purposes of calculating overtime pay for all hours worked over 40 in a workweek. As a result, EZCorp failed to pay Pawnbrokers time and one-half the regular rate for all hours worked over 40 in a workweek.
What damages are sought?
Damages sought under the FLSA include back overtime wages, an equal amount of liquidated damages, interest, and fees and costs for each violation. The FLSA provides for liquidated damages in an amount equal to the back pay owed and allows claims going back three years from when someone affirmatively joins the case by filing a Consent to Sue. You must send us a signed Consent to Sue to bring claims in this action.
How far back can claims be made?
Generally, under the FLSA, you are entitled to make claims for the period extending back three years from the date your Consent to Sue Form is filed with the court. EZCorp will be entitled to argue that its violations were not willful and that its claims should only be limited to a two-year period preceding the filing of your Consent to Sue. This two or three-year period is called the “statute of limitation.”
How do I join the case?
You can join by filling out a Consent to Sue form. If you complete the form using the previous link, a copy will automatically be sent to us and we will file it with the court to add you to the case. We will then mail a welcome letter to the address you provide on the form. If you do not receive a welcome letter or any other confirmation from us within 3 weeks of completing the Consent to Sue form, please contact our office at (845) 255-9370.
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman, Sweeney & Dunn, PLLC. They are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment.
Can I wait to file my Consent to Sue form?
You are not part of the FLSA case until your Consent to Sue is filed. If you delay in filing the Consent to Sue, part or your entire claim may be barred by the statute of limitations. You can complete this Consent to Sue and send it to Getman, Sweeney & Dunn for filing.
Can EZCorp fire me or take action against me for joining the case?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, EZCorp would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases because an employer can suffer such serious penalties.
What locations are covered by this lawsuit?
The FLSA claims in this lawsuit cover every worksite nationwide in the U.S.A. If you worked for EZCorp anywhere in the country, you can bring FLSA claims in this case.
Fill out this form if you would like someone from GSD to contact you to provide more information. Please note that if you would like to join the lawsuit, you must fill out the "Consent to Sue" form linked in the "How to Join this Case" section.