Circle K lawsuit may proceed as national class action
August 27, 2015 - 5:46 am
A lawsuit that accuses Circle K Stores Inc. of failing to pay overtime wages to store managers may proceed as a national class action, a federal judge ruled Wednesday in Las Vegas.
Las Vegas attorney Andrew Rempfer, who already represents 246 plaintiffs in the case, said the ruling by U.S. District Judge Richard Boulware II means the number of plaintiffs could grow to the thousands.
The case initially was filed in February 2014 on behalf of former store manager Charles Grahl and "others similarly situated." It was filed as a collective action, a type of class action.
According to the lawsuit, Circle K misclassified employees to avoid paying overtime wages. Grahl was called a store manager but "disagrees with that labeling," Rempfer said last year.
Rempfer said those given the title of store manager did not have the authority to make personnel or independent decisions that would affect the business.
According to Grahl's lawsuit, he worked as a store manager for Circle K from 1995 to 2001 and from 2005 until February 2014, and was paid a weekly salary of about $800. Grahl, who worked in Las Vegas, claims he and other store managers were required to put in at least 16 hours of overtime a week.
"This was a corporate-wide policy, program and/or practice defendant applied at all its stores nationwide," his complaint alleges.
According to court papers, Circle K's principal place of business is in Tempe, Ariz., and the company has more than 3,300 convenience stores throughout the United States.
Boulware heard more than two hours of arguments Wednesday before giving preliminary approval for class certification. He said the class will include all current and former store managers who have worked for the company since Oct 31, 2011.
Once potential plaintiffs are notified about the case, they will have 120 days to join in. Boulware said potential plaintiffs will be free to seek their own attorneys.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer