The Superior Court for Middlesex County has certified a class action of more than 250 sales associates who have worked for regional furniture giant Jordan’s Furniture at its showroom stores throughout Massachusetts.
The plaintiff in that case, Sutton v. Jordan’s Furniture, Inc., Civ. A. No. 19-01763, is suing Jordan’s on behalf of himself and all other Jordan’s sales employees who have worked in Massachusetts in order to recover unpaid overtime compensation and premium Sunday pay.
The class certified by Judge Barry-Smith covers all individuals whom Jordan’s Furniture has employed in the positions of “sales consultant” or “sleep technician” at one or more of its retail stores located in Massachusetts during the time period between June 19, 2016, and August 1, 2019, and who have worked more than 40 hours in any workweek or on any Sunday.
In a decision issued December 22, 2020, Judge Christopher Barry-Smith ruled that class certification was appropriate because “most of the case will turn on common questions of fact – including Jordan’s compensation plan – and common questions of law, including whether sales employees are entitled to ‘separate and additional compensation’ for overtime and Sunday hours, which is not satisfied by deducting a draw from commissions.”
Judge Barry-Smith also concluded that the named plaintiff was typical of the class because he was affected by Jordan’s compensation plan in the same way as other sales employees, and that the only “individualized” aspects of the case “appear to concern only the different calculation of damages” for each sales employee.