Coleman v Affordable Rent-to-Own, LLC
Texas and Louisiana Employees of Affordable Rent-to-Own Seek Overtime Wages
A collective action spanning Texas and Louisiana has been filed in Texas against Affordable Rent-to-Own, LLC. The action is brought on behalf of all Texas and Louisiana residents who were employed, since January 22, 2001, by Affordable as account managers. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory damages and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must "opt-in" in order to be considered part of the class. The managers have requested that the court issue notice to all potential class members.
According to the managers, Affordable Rent-to-Own has engaged in an intentional scheme to defraud its hourly employees of proper overtime wages. The managers assert that they were frequently called upon to work in excess of 55 hours per week. However, they were not paid overtime for these hours. The managers claim that Affordable altered their time cards, required them to work off of the clock, required them to work while on break and implemented a bogus "compensation scheme" the aim of which was to deny proper overtime compensation. Under the Fair Labor Standards Act, all hourly "non-exempt" employees are entitled to a minimum of time and a half for all hours worked beyond 40 per week. The managers were hourly employees, who were employed to "manage" customer accounts. They claim that they are "non-exempt" employees under the act and are entitled to proper overtime compensation. They further claim that since Affordable's conduct was intentional and willful, they are entitled to liquidated damages.
