Kennedy Hunt P.C. and our client recently reached a favorable settlement in our class action wage and hour lawsuit against Eclipse Advantage, LLC, a warehouse-based product distribution company. On Nov. 10, 2021, the United States District Court Eastern District of Missouri granted our client final approval of the class action settlement agreement, approval of attorneys’ fees and costs, as well as approval of service incentive awards and the settlement administrator fee.
The full order can be read here.
In April 2018, our client began working at Eclipse Advantage, LLC. as an Industrial Athlete. When he was hired, Eclipse told our client he would be paid weekly and based on “productivity” rather than at a set rate. Specifically, Eclipse told our client the more trucks he unloaded in less time, the more money he would make.
Our client, as well as similarly situated workers (Putative Class Members), were not given a set work schedule and hours worked depended on a variety of factors, including how busy it was in any given week. Additionally, Eclipse paid Putative Class Members different rates for the same hours in the same position.
The Putative Class Members were not properly compensated for hours worked and in general, did not receive overtime pay, even if they worked more than 40 hours during a work week. Eclipse Advantage, LLC. deducted time from the Putative Class Members’ shifts to prevent them from receiving overtime. Specifically, Eclipse deducted lunch breaks from each employee’s shift even though Putative Class Members were so busy they were unable to take a lunch break.
The Court certified the Settlement Class as all Industrial Athletes who worked at Eclipse from April 14, 2017 through January 8, 2021, therefore the Class Members will receive financial benefits from the Settlement Fund.
In January, our client was terminated from his job at Eclipse Advantage, LLC. after calling off work due to exhaustion and raising issues concerning his unfair pay.
The court’s certification of the settlement finds the Settlement Agreement is “fair, reasonable, adequate, and in the best interest of the Settlement Class Members.”
Kennedy Hunt, P.C. believes employees deserve fair pay and equitable working conditions. Our recent win grants our client and the Settlement Class Members relief and requires Eclipse to pay them through the Settlement Fund.
For further information about this case, please contact attorney Sarah Jane Hunt at (314) 872-9041 or sarahjane@kennedyhuntlaw.com. If you or someone you know has been a victim of unpaid wages and/or employment discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim.