Business - Written by Jere Beasley on Wednesday, July 1, 2009 8:07 - 12 Comments

Hallmark to settle overtime class action

A judge has preliminarily approved a class action under which Hallmark Marketing Corp. agreed to pay current and former hourly employees in California to settle their claims. It was alleged that the employees were denied overtime pay. A final hearing is scheduled for October 16, 2009. The Plaintiffs alleged that Hallmark encouraged certain hourly employees to work off the clock, failed to reimburse them for business expenses, and denied them rest periods. The class is estimated to include up to 3,900 current and former employees who worked as retail merchandisers, territory assistants, installation leaders, administrative assistants and casual laborers.

Source: Law360



12 Comments

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Sheryl Welborn
Jul 23, 2009 17:57

I was a Hallmark employee in California and have not been notified about the suit. What do I need to do?

Wendi Lewis
Aug 12, 2009 7:52

Hello Ms. Welborn,

You should contact the Plaintiffs’ attorney:

Laureen Bagley
Sloan Bagley Hatcher & Perry
Longview, TX
903-757-7000

Refer to Rochelle Ingalls v Hallmark Retail.

I hope this helps!

Sincerely,
Wendi Lewis
Communications Director
Beasley Allen

RoseoftheBayArea
Nov 1, 2009 23:04

It seems this lawsuit has been settled…… if you are part of it contact the above attorney. There is GREAT news about the release of funds.

Renee
Nov 22, 2009 12:27

Sheryl is too late. If she wants to sue for her wages she is asking for the information after the due date to be released from the suit. Wendi is responding close to the due date to be included for payment. The payment is a whoping amount in the area of $100. Not a big loss to those who weren’t given the oppurtunity to respond. Sheryl is in luck becasue if she isn’t named in the suit then she can go to the labor board and sue hallmark independently and get paid what she is rightfully owed.

KATHY
Jan 19, 2010 4:19

I WAS A FORMER EMPLOYEE OF HALLMARK WHEN I FOUND OUT ABOUT THE LAWSUIT I WAS TOLD IT WAS TO LATE TO MAKE A CLAIM. HAS THERE BEEN A CHANGE OR AN EXTENTION TO THE LAW SUIT ?

donna osborne
Feb 10, 2010 5:45

I also was a former employee of Hallmark and was never notified of this lawsuit. Is it too late?

Jennifer
Jul 28, 2010 8:29

People in all states need to look into the possibility of filing some type of action. In my territory in Ohio, we are given a ridiculously low amont of hours in the summer, but are written up if you exceed your budget or your store is not up to standard. We are told to put in our hours then walk out, but we get in trouble if the complete job is not done. The only way one can keep his or her job is to work off the clock. Our supervisor’s are very careful to tell us not to work off the clock, but there really is no other way to survive unless you do. We have also been told we are not to tell our store managers that our hours have been cut or that we can only service the store once per week. Hallmark has a contract for service to their stores which includes the theoretical notion that all product is 100% returnable. However, when credits are needed, Hallmark frequently refuses! The stores would be a lot richer if all the damaged and obsolete cards were removed. They\ store owners haven’t a clue how much of their money is tied up in worthless product. None of this will change until stores as well as employees start to file suits against Hallmark for their disgusting and dishonest practices!

Janet
Dec 30, 2010 17:38

Jennifer is so very right about Hallmark. They are the worst company to work for.
They give very few hours to fill a huge display and then they write the employee up with all kinds of lies in the report. Then they lay the employee off as they did me and my co-worker. I worked for 8 years for them and did not get paid for work i did at home on my own time. I would like to sue them, but would it do any good? I live in Massachusetts, and wish someone would get a class action suit going against them so many of us could get paid for the hours that we worked on our own time. But I won’t hold my breathe.

Pattie Devlin
Apr 15, 2011 5:37

I have worked for Hallmark for 8 years. I remember being told if you work 40 hours or more that you could not report the extra hours until the next week – to stay under those hours so they wouldn’t pay overtime. I remember being pressured to work the Sunday after Christmas when we were never required to work Sunday’s. No holiday or overtime of course. Now I’m being told I’ll lose my job if my scanner doesn’t transmit my hours and Hallmark has to issue a separate paycheck if it doesn’t properly transmit by the end of the two week period. I transmit my hours every night but I don’t sit and watch it. I’d like to get in touch with the lawyer about this suit – some things are still not right.

pam skerston
Oct 13, 2011 7:43

I have worked for Hallmark for 12 yeaars now, I have seen dumb ideas come and go, but they have always expected a lot but are not willing to pay for it. Summer hours are always low, but I never work off the clock, unless you count all the time at home messing with that stupid infolink because it won’t transmit. They have now changed that and we do get paid, but for years I didn’t. I have to work both Sat and Sun because I work in a top 500 store. Big deal, I don’t get paid a top 500 wage. Their newest thing is called a “Oct Blitz” we had to scan almost every card in the dept and make sure the count is correct. My store was given 12 hours and I was expected to do that in one day. I did get help but it took us over the 6 hours each. My back is now in extreme pain and was all night. Plus there is the day after a holiday, we are expected to work until we get all the old holiday cards, etc down and the new up. I have help and it still takes 3 of us to do it all (end caps) sometimes 8-12 hours each. They expect too much for the pay. They took away our vacation time permantly , and raises for a year. I do a way better job than the other stores in my area but I don’t get any more of a raise than the others who don’t keep their stores as neat as mine. The TR always makes sure to thank us, but I had another boss who always used to say “I appreciate it” but you can’t eat appreaication or pay bills with it. I guess they are like Walmart and figure there is someone else out there, if you don’t want to do the job.

Hope
Jun 7, 2012 6:10

It doesn’t matter what the result of a class action lawsuit would be, if enough people will stand, something has to change.

RE
Sep 7, 2012 20:15

They never sent a newsletter so one could track the dates of summer promos and then one gets critiqued for leaving the product up when in this area the product was needed or management never sent fresh summer promo. I had to order it on my own time.

Also weekly hours were removed from my scanner and when I asked to have them restored I saw that i had more hours than I was told about.. They kept the extra hours for another store or themselves.

They’d express their appreciation with a gift card or a jar of treats and
they were concerned about how you lit things so that was nice.

loved the job but was swept out in a layoff due to consolidation.

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