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Sears, Roebuck & Co. UNPAID Drive Time Class Action

WINTER v. SEARS, ROEBUCK & CO. DRIVE TIME CLASS ACTION
King County Superior Court, Washington

What is this case about?
SGB has filed a class action lawsuit against Sears, Roebuck & Co. (“Sears”) alleging that it failed to pay its service technicians and repair associates in Washington State for their drive time in company vehicles at the beginning and end of each day between their job sites and their homes. SGB alleges that this practice violates the Washington Minimum Wage Act and other Washington state wage laws.

Who is a member of the proposed class?
The class proposed by SGB includes all employees who worked for Sears in Washington State as a service technician or repair associate, or similar job classification at any time between November 11, 2005 and the present time. The court has not certified a class yet and the final definition of the class will be up to the court.

What is the current status of the case?
The case is currently pending in King County Superior Court in Seattle, Washington. The court has set a trial date of April 6, 2009. SGB intends to file a motion to certify the case as a class action lawsuit by Spring 2008.

What do I have to do to protect my rights under the lawsuit?
You do not have to do anything to protect your rights under the lawsuit at this time. Once the court certifies a class, SGB will send a notice out to all potential class members. You will then have a choice of remaining in the class, opting-out of the lawsuit, or participating through your own attorney. You may call or email us at any time to ask questions about the lawsuit, make sure we have your current address, or tell us about your experiences with unpaid travel time at Sears.

When will the case be resolved?
Class actions are complex and can take a long time to resolve. Most class actions settle, but we cannot predict when a settlement may occur. If there is no settlement, this case is currently scheduled to go to trial on April 6, 2009.


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