Who is a Class Member
Class members of AVI Foodsystems Overtime Wages Class Action Settlement includes “all persons who were employed by AVI Foodsystems das a Supervisor in Ohio from January 13, 2015 to December 7, 2017,” The settlement also applies to all individuals who previously joined this case.
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $1,500,000.00
Estimated Award
- Varies
Each Class member who submits a valid and timely claim form are eligible to receive a pro rata payment based on the individual’s qualifying weeks worked during the class period. Each person’s payout will differ and your estimated payment will be calculated based on payroll records provided by AVI Foodsystems. You should have been sent a postcard notice indicating the amount of your expected payout.
Proof of Purchase
- N/A
Claim Form
AVI Foodsystems Overtime Wages Settlement Notes
- Mooneyham, et al. v. AVI Food Systems Inc, et al.
- Case No. 1:17-cv-103
- Pending in the U.S. District Court for the Northern District of Ohio
Plaintiffs Tobias Mooneyham and Derek Sleve, former Route Supervisors for AVI Foodsystems filed this class action lawsuit in August 2017, alleging they and other Supervisors were not paid overtime wages for all hours worked over 40 in a week.
Specifically the class action lawsuit alleges that AVI Foodsystems violated the Fair Labor Standards Act by withholding overtime compensation from all “Suoervisors: or employees holding comparable positions with different titles in the state of Ohio. The plaintiffs also contend that AVI violated the Ohio Minimum Wage Act by misclassifying workers as exempt fromOhio Wages Laws overtime provisions.
“AVI created a job title that AVI classifies as exempt from overtime, but whose primary duties are the same as the nonexempt Venders—to service the vending routes. There is one position called “Route Supervisor,” which ostensibly corresponds to the Vend Drivers, and a second title called “CSA Supervisor,” which ostensibly corresponds to the CSAs. In practice, there is no difference in the job duties and responsibilities of the so-called “Supervisor” positions,” the AVI overtime wages lawsuit states.
AVI adamantly denies any wrongdoing or violation of any laws or regulations and asserts that Route and CSA Supervisors are properly classified as overtime-exempt based upon their management duties and oversight of Route Drivers and CSAs. Complete details about the case and settlement are provided on the AVI Foodsystems Overtime Wages Settlement website.
The AVI Foodsystems Overtime Wages class action settlement was granted preliminary approval on January 26, 2018. Class member who wish to exclude themselves or object to the settlement must do so by April 7, 2018. Class members who did not previously join this case and wish to participate in the settlement must submit a claim form by April 23, 2018. Note: If you previously joined this case, you do not need to do anything.
Important Dates
- 4/23/18: Claim Form Deadline
- 4/7/18: Objection or Exclusion Deadline
- 5/18/18: Final Hearing at 11:00 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check aviwages.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: AVI Wages Settlement, c/o RG/2 Claims Administration LLC P.O. Box 59479 Philadelphia, PA 19102-9479
- Phone: 1-866-742-4955
Class Counsel
- Drew Legando, Jack Landskroner, Tom Merriman, and Edward S, Jerse of Landskroner Grieco Merriman LLC
- Seth R. Lesser, Fran L. Rudich, and Christopher Timmel of Klafter Olsen & Lesser LLP
- Nicholas Migliaccio and Jason Rathod of Migliaccio & Rathod LLP
Settlement Website