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?

The Court has conditionally certified a class consisting of all current and former non-exempt hourly employees who worked for VVF Intervest, LLC, VVF Kansas, LLC, and VVF Kansas Services, LLC in Kansas at any time between November 2, 2018 and the Present.

Employees have until October 13, 2022 to submit a Consent to Join in this matter.

If you did not submit a Consent to Join by that deadline, you are not part of the this collective action and should contact an attorney as soon as possible to discuss your legal options.

How do I join?

If you have any questions about this matter, please contact our office 913-667-9243.

The deadline to join this lawsuit has passed. If you wish to pursue a claim, you should contact an attorney as soon as possible to discuss your legal options.

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?

On June 17, 2022, the Court conditionally certified a collective action limited to those hourly, non-exempt employees, of VVF who worked in Kansas at any time between November 8, 2018 through the Present.

The Court ordered that notice be mailed to potential collective action members on August 29, 2022. Potential collective action members will have until October 13, 2022 to submit a Consent to Join.

On August 7, 2023, this Court granted final approval of a settlement resolving this matter for the members of the collective. For details about this settlement and the Court’s ruling, please find the Settlement Agreement and Order Granting Final Approval of the settlement below.

Important Documents

Settlement Agreement
Order Granting Final Approval
VVF Complaint
VVF Answer
Order Granting Conditional Certification