On June 19, 2019, Fair Work P.C. filed a lawsuit against Jordan’s Furniture, Inc., in the Massachusetts Superior Court for Middlesex County. The plaintiff who started that lawsuit was a former Jordan’s Furniture sales consultant. He claimed that Jordan’s Furniture had violated certain Massachusetts wage laws that require employers to pay time-and-a-half when certain employees work overtime (meaning, more than 40 hours in a workweek) and on Sundays.
We have set up this site as a resource for information about the case and will be updating it as developments occur. You can read a copy of the class action complaint we filed against Jordan’s Furniture here.
What is this lawsuit against Jordan’s Furniture about?
The claim in this lawsuit is that Jordan’s Furniture did not pay its sales consultants and sleep technicians at its stores in Massachusetts separate and additional premium compensation – sometimes called “time-and-a-half” – when they worked on Sundays or overtime. Instead, Jordan’s Furniture paid those sales employees on a commission basis with a recoverable draw, and with no separate or additional pay for Sundays or overtime.
Shortly before this case was filed, the Massachusetts Supreme Judicial Court issued a decision in a case called Sullivan v. Sleepy’s LLC, 482 Mass. 227 (2019). In that decision, the Court ruled that employers who pay their retail sales employees draws and commissions are required under state law to also pay separate and additional compensation to those employees equal to at least 1.5 times the state’s minimum wage for all hours worked on Sundays and all hours worked in excess of 40 per week.
What’s happening in the lawsuit?
On December 21, 2020, the Court granted class certification in this case. That means the case is officially a class action and that the plaintiff, Matthew Sutton, and our law firm represent the class. You can read a copy of the Court’s decision on class certification here. The certified class includes:
All individuals whom Jordan’s Furniture, Inc., 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 worked more than 40 hours in any workweek or any Sunday.
If you are a current or former Jordan’s Furniture sales employee who meets this definition, you are a member of the certified class. As a class member, you are covered by the claims in this lawsuit and are represented by our law firm and Mr. Sutton. You do not, at this time, need to take any action.
On September 21, 2021, the Court granted summary judgment against Jordan’s Furniture. That means the Court ruled that’s Jordan’s Furniture had, as a legal matter, failed to pay its sales consultants and sleep technicians premium compensation for overtime and Sundays, in violation of the Massachusetts wage laws. You can read the Court’s decision granting summary judgment against Jordan’s Furniture here.
On November 1, 2021, the Court entered judgment against Jordan’s Furniture in the amount of $8,858,843. On May 13, 2022, the Court entered an amended judgment against Jordan’s Furniture to include attorneys’ fees and costs to Fair Work P.C. for the work it performed in this case. On June 8, 2022, the Court again amended the judgment against Jordan’s Furniture to correct a minor calculation error. You can read a copy of that second amended judgment here.
The current judgment in this case calls for Jordan’s Furniture to pay the class members a total of $9,705,955, broken down as follows:
- $2,755,481 in restitution for their unpaid premium wages
- $5,510,963 in liquidated (i.e., triple or “treble”) damages
- $784,519 in prejudgment interest
- $654,991 in attorneys’ fees and costs
What’s going to happen next?
On June 8, 2022, Jordan’s Furniture filed an appeal of the Court’s decisions granting summary judgment and class certification, as well as the Court’s order awarding attorneys’ fees and costs to Fair Work P.C. We will update this page with developments as they happen.
I have more questions, whom should I contact?
You can contact class counsel Hillary Schwab or Brant Casavant any time, by phone or email. We try to get back to everyone within 24 hours.