Ransom v. Bernie Moreno Companies

What is this case about?

On July 24, 2015, Norman Ransom started this lawsuit against Bernie Moreno Companies on behalf of himself and others who are similarly situated. The lawsuit claims that Mr. Ransom was not paid at the proper overtime rate for hours worked in excess of forty (40) in a workweek. In addition to unpaid overtime compensation, this lawsuit also seeks to recover liquidated damages in an amount equal to the alleged unpaid overtime and attorneys' fees and costs.

Bernie Moreno Companies denies Mr. Ransom's allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act. The Court has not yet decided who will win the lawsuit.

Am I part of the classes?

Mr. Ransom seeks to sue on behalf of himself as well as all other workers who: were employed by Defendant Bernie Moreno Companies as a non-exempt employee; received an auto-allowance bonus; and, worked more than forty (40) hours in a single workweek. This auto-allowance bonus was not taken into account when determining the proper overtime rate, which resulted in Bernie Moreno Companies' employees being underpaid overtime.

How do I get involved?

You may join this lawsuit only if you meet the class definition above. If so, you can join this action by mailing your completed and signed "Consent to Join Form" in the self-addressed stamped envelope provided or by otherwise sending the "Consent to Join Form" to Plaintiff's counsel at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718.

You can also email the "Consent to Join Form" in a PDF document to Plaintiffs' counsel at [email protected] or fax the "Consent to Join Form" to Hans Nilges at 330-754-1430.

If you file a "Consent to Join Form," your continued right to participate in the lawsuit may depend upon later decisions by the Court concerning the appropriateness of a collective action treatment and whether you are "similarly situated" to Mr. Ransom and other participants and other matters.

What about retaliation?

If you join this lawsuit, federal law prohibits Bernie Moreno Companies from retaliating against you as a result of your participation.

Do I have to pay anything?

You will not be required to pay any of your legal fees unless Plaintiff is successful in this action. Plaintiffs' attorneys are being paid on a contingency fee basis, which means that, if there is a recovery, the attorneys will receive a percentage of any recovery obtained on your behalf or may seek to obtain a Court Order under which they may receive a fee through a separate payment by Bernie Moreno Companies.