January 07, 2013

Plaintiffs Charge Overtime Pay Violations Under the Fair Labor Standards Act


(JACKSON, Tenn. – Jan. 7, 2013) – Two former employees of Shoe Show, Inc., have sued the Concord, N.C., corporation charging that Shoe Show has denied overtime pay to many of its current and former store managers nationwide.  The collective action, Bethel, et al. v. Shoe Show, Inc., was filed today in the United States District Court for the Western District of Tennessee, Jackson Division. The plaintiffs are represented by Cohen Milstein Sellers & Toll PLLC and Barrett Johnston, LCC, of Nashville, Tenn.

Plaintiffs Eugene Bethel and Deborah Webb worked for Shoe Show as store managers in three different Shoe Show stores located in Western and Eastern Tennessee.  In their complaint, Bethel and Webb allege that Shoe Show paid them less than the overtime rate required by the Fair Labor Standards Act (FLSA).  Bethel and Webb further allege that Shoe Show denied overtime pay in this manner to all store managers who directed the work of fewer than two full-time employees. 

“Under the FLSA, an employer cannot exempt an employee as a bona fide executive unless that employee ‘customarily and regularly directs the work of two or more other employees,’” said Joseph Sellers, of Cohen Milstein Sellers & Toll PLLC. “And that is exactly what Shoe Show has been doing to managers in their smaller stores.”

According to Scott P. Tift, of Barrett Johnston, LLC, “The law requires employers to pay their employees an honest day’s wage for an honest day’s work.  By refusing to pay Mr. Bethel, Ms. Webb, and other store managers proper pay for the overtime hours they worked, Shoe Show denied these hard-working men and women the pay they deserved and the pay they were legally entitled to receive.”

Shoe Show, Inc., operates more than 1,100 stores in 37 states, divided into two major subdivisions – Shoe Show and Shoe Dept, according to its corporate website.  Shoe Dept. includes several additional brands: Burlington Shoes, Shoebilee, and Shoe Dept. Encore.

In addition to Sellers and Tift, the plaintiffs are represented by Christine Webber, of Cohen Milstein, and George Barrett and David Garrison of Barrett Johnston, LLC.

Class Action Complaint - January 7, 2013 [PDF]

News Release - January 7, 2013 [PDF]