Michael R. and Shelley F. Fawcett - Page 5




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               On March 16, 1993, Laurie Sievers, Roy Menges, Twila                   
               Kelly and Allen Burgess brought this suit against                      
               PayLess in the United States District Court for the                    
               District of Idaho, Case No. CV 93-0089-S-HLR, alleging                 
               that they were employed by PayLess as salaried                         
               employees with titles such as “floor manager,” “floor                  
               supervisor,” “senior supervisor,” “supervisor,”                        
               “supervisor 2" and were required to perform clerking,                  
               stocking or other tasks in excess of forty hours per                   
               week without being compensated overtime work.                          
               Plaintiffs bring this action and allege that PayLess                   
               violated the Fair Labor Standards Act of 1938 U.S.C. ��                
               201-208.  Plaintiffs seek compensation for unpaid                      
               overtime, liquidated damages, attorney fees and costs.                 
               The class of plaintiffs in the class action consisted of 267           
          employees of PayLess, including petitioner, who joined on October           
          27, 1993.  On April 14, 1994, petitioner privately met with                 
          plaintiffs’ attorney, Kurt Holzer (Mr. Holzer) in Tacoma,                   
          Washington, to inform Mr. Holzer of her personal injuries, in               
          addition to those alleged in the class action lawsuit complaint.            
          Petitioner was informed at this meeting that the class action               
          case was under mediation and a jury trial was not likely.                   
          Petitioner was also informed that approximately 30 class members            
          were deposed and allegedly suffered a number of injuries during             
          their employment with PayLess, including emotional distress and             
          physical injuries, and that her alleged injuries were experienced           
          by other class members.  Petitioner did not submit any medical              
          bills to Mr. Holzer or provide the same to the Court.                       
               The class action complaint requested relief for unpaid                 
          overtime compensation and liquidated damages in an amount equal             






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