Workplace Hazards - Written by Beasley Allen on Friday, May 12, 2006 10:14 - 19 Comments

Our Case Against Dollar General Set For Trial

We have a case pending in federal court against Dollar General Stores that is very similar to the Family Dollar cases referred to above. Our case, which is a class action, has been set for trial in Tuscaloosa, Alabama, and will start on July 31st. Judge Clemon has told both sides that the case will be tried in two weeks. Dee Miles, Roman Shaul and I will try the case for our clients.

Dollar General is the largest company in the dollar store market. Presently, they have over 8000 stores in 31 states. Based on their most recent annual report, they have over 8.6 billion a year in annual net sales. Based on what we have learned in this case, it appears that one of the reasons Dollar General has remained so dominant in the market over their other competitors is that they are saving millions of dollars each year by not compensating their store managers properly. Discovery has revealed that a Dollar General store’s labor budget, or payroll, is the largest expense in each individual store. Therefore, every dollar a store cuts from its payroll is another dollar in the corporation’s pocket. Unfortunately for the store managers, who are on a straight salary, they are left to handle all of the work in the store, often times working in a store alone with no help. Many of our clients have worked 70-80 hours each week. When you divide the number of hours the store managers work each week into their weekly salary, they appear to be making almost the same hourly rate as the other non-managerial employees in the store.

Typically, the work the Store Manager spends the majority of her time performing involves manual labor type duties. These things include stocking the shelves, cleaning the store, and running the register. It is our position, based on the applicable law, that this is not the kind of work the Fair Labor Standards Act intended to be “exempt” from over time pay. We believe that a true salaried executive, who is not entitled to over time pay, should have more “managerial” duties than in the case with the Dollar General store managers. If we are successful in obtaining a just verdict for our clients, we are hopeful that the verdict will change the way many retail establishments treat their employees. It is not right to take advantage of these store managers and to ultimately require them to spend 70-80 hours a week in their stores, which is time spent away from their families, just to receive the same hourly rate has everyone else who works in the store.



19 Comments

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Kellie Graham
Aug 25, 2010 11:12

I would like to join in on the case and I also have another one. I was a store manager for Dollar General from 8/17/2007 untill 5/5/2010.

Kellie

Dolore J. Gaines
Oct 21, 2010 15:58

I had worked for Dollar General ( second time) since Sept. 2004 to Aug 2010.
I have worked anywhere from 45 to 80 hours a week – 12 to 15 hours a day – and was let go as soon as got a new store and didn’t get the stock room empty of freight in 24 hours – with no increase in hours and short on employees — I have documented hours worked and hours store used – every week for the last six years .

peggy vanostran
Jan 28, 2011 15:57

yes sir i won a settlement in aug and want to no what happen to it they told me 90 days peggy vanostran

DENISE
Oct 5, 2011 21:57

ANOTHER DOLLAR GENERAL MANAGER FROM MISSISSIPPI SAYS HE WAS IN YOUR CLASS ACTION LAWSUIT AND RECEIVED A CHECK ABOUT 9 MONTHS AGO. HE STATES IT WAS $1.000 DOLLARS. IS THIS TRUE THE ACTION WAS SETTLED? AND WHY SO LITTLE?

ron wilson
Dec 22, 2011 9:05

it depends on lawsuit the on going one is in al. hes was in missisipi i was told trial starts in may 2012 and will be none in july or august 2012… the pay out there trying for is some many dollars for every year of service

Donna MacLeod
Jan 21, 2012 20:17

I would like someone to contact me for a phone interview. I have not received my paperwork to get this moving on. Thanks Donna MacLeod

Dawn Hughey
Feb 8, 2012 11:59

I was a store manager for Dollar General for nearly 3 years. I was injured on the job, four disc’s in my neck damaged from moving boxes of books to be checked in. I worked over a month with out an asst. manager or a keyholder. One I was instructed to terminate, one quit. I was in the process of training a new hire for the Asst. job and hiring a keyholder. I had no one that was promotable, mostly due to the amount of hours we offered and the wage.
I asked many times for help from my Dm and Rgm, everytime told,’if this was another time we could get you help, but we have corporate visits comeing and store remodels going on so we can’t help you.’ One store in my area had 5 managers, it was a training store, and another had 4, but they could not see to get me any help. I had to work against my restrictions, however that time, I made the largest bonus possible for sales increases and my customer connection numbers increased as well.
My Dr. took me off work for 2 weeks, the Human Resources person for the company wanted me off for 2 months, her name, Vicky Harmess. My Dr. and I talked about it, neither of us thinking it was that big of an issue and would resolve with rest over the 2 weeks. I went back to work, and was terminated 3 days in. For lack of productivity. You see we have 16 feet of charts in the backroom, customers do not see this. I had failed to fill in all the charts before I went on workmans comp leave and this was the reason I was givin for being terminated. No, thats amazing on your sales increase or making the customer happy dispite my injury, I kept going with a smile and cheerful greeting for all my customers. I was a dedicated Dollar general Store Manager. I still, 6 months later , can not believe they terminated me and I am having a hard time finding an attorney to take my case. I am injured for life, with less than a 50% chance surgery will even help, if not make me worse off. I can not find a job, no other company wants to risk it with a ‘damaged good’ ( one attorney called me this) from Dollar General. I really don’t know what i am suppose to do for a living with very little income and that will soon run out. DG , you see, their DR. states there is nothing wrong with me. Even after the MRI and Emg, they required shows the damage.
There need to be a class action lawsuit against DG for this reason, there are many of us with similar stories out here.
Lost and not sure what to do in Michigan.
Dawn

Wanda
Jul 22, 2012 13:24

Yeah, I can relate to working 80 + hrs. a week at DG with no overtime pay. That was the worst imaginable job in the world. You break your back and work like a horse 7 days a week for much less than what your employees make. Oh, there were other things that went on that I won’t go in to. It is definately a man’s world and they stick together!

Sandra
Jul 23, 2012 14:16

Everyone would like to know what is happening with this lawsuit

steven
Jul 27, 2012 11:45

what is going on with this lawsuit? It has been many years since it began.

Melissa Hannah
Jul 30, 2012 15:35

I was a Store Manager from 9-4-10 to 10-14-11. I also put in 80 to 100 hours per week.
I went to a managers meeting and it was told that managers had to work by themselves if needed so the store would not go over hours….In the Dollar General SOP it states that there is to always be at least 2 people in the store at all times. I was told being on salary meant you would have to work by yourself..I told them I wouldn’t do it..that was a safety issue. I was told Dollar General wanted small minds and strong backs. That didn’t set well with me and I quit a few months later. Because of Dollar General I missed most of my child’s senior year of soccer and activities because I had to work….I worked 31 straight hours to get my store ready for Inventory….When I left I NEVER got a call or seen my DM…I had my Asst. Manager count the safe and gave her the keys..
Policy doesn’t apply to all only certain people. The company is terrible to work for. I will never go back and I won’t recommend anyone to work there.

Michelle Planinc
Aug 11, 2012 11:11

I am another hurt manager , after 3 years of working between 80 to 95.5 hours a week and with dedication and had only 4 days off last year after i fired my asst and key holder for sliding and also since may last year going through another 5 assist. and 4 key holders i finally ended up being forced to resign as smb. else can take my place. I filled hurt and so so exhausted with not having a vacation for 2 and half years . I felt ashame for working for this company who keep telling that care of people and stand for people. I wonder which people?According to them the policies are not applied the same for all employees. The reason they made me to resign is that one day i just could not work the truck and i was so sick couldn’t stay on my feet so i stored use at 6 am a DG peptobismol of $2 and i made sute before i used it to scan and put the nr on the bottle and kept in with other medicines in the box for all employees in case of emergency if smb is sick . I came from Illinois with transfer in michigan and overthere we used store used pain relevier and this kind of medicine. I guess policies are not the same everywhere in this company. I had big goals to go in loss Prevention but all my ”wings ” where cut off as of the new LP guy who just took over the Region and came down to embaresed me and tried to make me confess i planned to do that . Today was my last day there and i would like to find a lawer and sstand up for my rights. Also i just got the letter of our Regional stating that my store is #1 in the company of Outs of stock -i had 84 on my inventory in febr. 2012 . What can i say more ? I just want justice. Michelle

David Martinez
Sep 8, 2012 11:58

I would like to join as well . Myself and my wife worked as Store Managers .I was a store manager for Dollar General from 4/12/2004 until 3/15/2012 and my wife worked as Store Manager for Dollar General from 1997 until 05-2012 we have worked anywhere from 55 to 85 hours a week – 12 to 15 hours a day. I was the janitor,cashier, stocker,manager and lawn care service. I also called HR about other incidents we had with the District Manger and HR would give us the run around. It’s pretty sad when a giant retailer like Dollar general is involved in the Literacy Program and does not here you or listen to you. It seems like we were a nobody at store level ( Just A Number ). All the company was worried about was Cut Payroll and Bottom Line ( Make More Money ) for Dollar General. We had to seek other employment because of all the commotion and retaliation that was going within the company.
Thanks
David and Gloria Martinez

Deana
Sep 29, 2012 8:08

I have been in this lawsuit since 2009 havent heard anything,just wonder whats up? this is Oct already and nothing

melissa
Oct 31, 2012 23:44

i have worked for dollar general for 10 years most of which was spent managing and i would like to take part in this suit please send me whatever i need to be in it to 22828 dyaz ct bay minette,alabama 36507 thank you.

Kathleen Finley
Nov 13, 2012 18:22

Can someone give an update on this lawsuit? I was listed as a party and have heard nothing for months.

tracy
Dec 30, 2012 21:03

I was a SM for roughly 8 years. I finally left DG for several issues with the treatment of SMs. Is this suit still pending? Can I still join the suit? Thanks

Dolores Gaines
Feb 6, 2013 18:26

Has this issue gone to court yet??

sheila Loihle
Mar 26, 2013 0:46

I would like to know if this has settled. If not how to i join in.

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