Getman, Sweeney & Dunn has filed an unpaid wage lawsuit against Williams-Sonoma, Inc and Williams-Sonoma Direct, Inc. for violations of Federal minimum wage law and breach of contract. Two employees who worked in the Williams-Sonoma Olive Branch, Mississippi distribution facility filed this class and collective action lawsuit charging Williams-Sonoma with failing to pay minimum wages as required federal law, and all promised wages. You can view the Complaint in the case by clicking here.
Case Update - Posted June 29, 2023
This case has settled.
Answers to Common Questions - posted February 2, 2022
What claims are covered in this case?
The case covers claims for minimum wages under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed under the FLSA are that Williams-Sonoma failed to pay hourly workers their paycheck on time and failed to pay them their last paycheck upon termination.
The case also covers claims for breach of contract because Williams-Sonoma failed to pay hourly workers for all of the hours they worked at their promised rate of pay. These claims are brought as a class action.
What damages are sought?
Damages sought under the FLSA include back minimum 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 joined the case.
Damages sought under the contract claim include back unpaid wages and interest.
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. A defendant is 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 a Consent to Sue. This two- or three-year period is called the “statute of limitation.”
Claims under the contract claim go back three years from the filing of the complaint.
Do I have to pay to join the case?
No. The attorneys representing plaintiffs are Getman, Sweeney & Dunn, PLLC. We are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. We are also working with Donati Law as local counsel in this case.
Can the Defendant fire me or take action against me for joining the case?
The law prohibits retaliation for joining a minimum wage lawsuit. If any employee suffers retaliation, a defendant 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 minimum wage 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 Defendant in Mississippi, you can bring FLSA claims in this case. If you worked for Williams-Sonoma anywhere else, contact us to discuss your claims.
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.