Cases & Investigations

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Robertson v. VVF Intervest, LLC et al., Case No. 21-CV-02507-EFM-KGG

What do these employees allege?

On November 2, 2021, Osman & Smay LLC filed a lawsuit on behalf of Plaintiff, Marlon Robertson, on behalf of himself and all other hourly, non-exempt employees of VVF Intervest, LLC, VVF Kansas, LLC, and/or VVF Kansas Services, LLC (“VVF”). The Complaint alleges that VVF applies policies, practices, and/or procedures at its various locations in Kansas, Illinois, and Ohio that result in Plaintiff and similarly situated hourly employees from being properly compensated pursuant to state and federal law.

Specifically, Plaintiff alleges as follows:

First, Plaintiff alleges that VVF has imposed a rounding policy, practice, and/or procedure, applicable at each of its subsidiary companies throughout the United States, in which hourly, non-exempt, employees’ clock-in and clock-out times are rounded up to the scheduled shift start time or rounded down to scheduled shift end time in favor of Defendants.

Second, Plaintiff alleges that VVF’s policies, practices, and/or procedures, applicable at each of its subsidiary companies throughout the United States, provide for a manipulation of the workweek in an effort to avoid the payment of overtime compensation to Plaintiff and the putative class members.

Third, Plaintiff alleges that VVF’s policies, practices, and/or procedures, applicable at each of its subsidiary companies throughout the United States, unlawfully deduct compensable time from Plaintiff and the putative class members’ weekly hours worked, resulting in a failure to pay all straight time and overtime compensation due and owing. Specifically, Plaintiff and the putative class members are automatically deducted each shift for a thirty-minute lunch break regardless of whether they are actually able to take the break. As a result, Plaintiff and the putative class members are not paid for all wages due and owing at the appropriate rates required by state and federal law.

What employees are part of the alleged class?

Plaintiff alleges all hourly, non-exempt, employees who worked for any VVF related entity in Kansas, Illinois, or Ohio at any time between November 2, 2018 the Present are eligible to join this lawsuit.

How do I join?

If you wish to join this lawsuit, you must sign and return a completed Consent to Join as soon as possible.

How can I learn more about this case?

If you have any additional questions, you may contact Plaintiff’s Counsel in this matter:

Matthew E. Osman
Osman & Smay LLC
7111 W. 151th St., #316
Overland Park, KS 66223
913-667-9243
mosman@workerwagerights.com

What is the status of this case?

Plaintiff has asked that the Court conditionally certify a collective action of all hourly, non-exempt employees, of VVF at any time between November 8, 2018 through the Present.

If the Court conditionally certifies the collective action, notice will be mailed to you via first class and electronic mail.

Important Documents

VVF Complaint
VVF Answer
Consent to Join