Judge Grants Preliminary Approval of AVI Food Systems, Inc. Overtime Settlement


On January 22, 2018, Judge Donald C. Nugent of the United States District Court for the Northern District of Ohio granted preliminary approval of a settlement with AVI for $1.5 million related to allegations of unpaid overtime for work performed by Route and CSA Supervisors. In the operative complaint, the plaintiffs alleged that they had not performed duties sufficient to qualify them as exempt from overtime laws because it primarily involved tasks such as driving a vehicle, carrying and stocking merchandise, and servicing vending machines.

All individuals who joined this case and all individuals who were employed by AVI as Route and CSA Supervisors in Ohio from January 13, 2015 to December 7, 2017 stand to benefit from this settlement. The Net Settlement Amount will be allocated on a proportional basis based on the number of qualifying weeks worked by each individual. To benefit from the settlement, individuals who worked during the relevant time period in Ohio who are not yet part of the case will need to fill out and file a claim form by mid-April.  There is a final approval hearing scheduled before the Court on May 9, 2018.

Attorneys Committed to Combating Wage Theft

The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving wage theft.  More information about this practice area is available here, while current investigations are available on our blog.