McKinzie, Jr. et al. v. Westlake “Ace” Hardware, Inc.
United States District Court, Western District of Missouri, case no.: 09-0796
Filed: September 28, 2009

What is the lawsuit about?

Our office filed a collective action claim against Westlake “Ace” Hardware, Inc. on behalf of all employees working as floor supervisors for unpaid overtime under the Fair Labor Standards Act (FLSA). The lawsuit alleges that Westlake incorrectly classified these employees as salary exempt and failed to pay them overtime. This lawsuit claims that such employees should have been paid overtime for hours worked in excess of forty per work week. This lawsuit could apply to persons holding these positions over the past three years at all of Westlake’s stores.

At this time, this lawsuit is not a certified collective class action. It will only become a certified collective class action after the Court issues an order granting this status. We will seek this class status in the future.

Can I get a copy of the lawsuit?

For a copy of the lawsuit that has been filed: click here.

How can I join?

If you were/are an employee of Westlake who worked at one of their locations as a floor supervisor (or any other job title applying to that position) any time after September 28, 2006, please feel free to contact us for more information:

How Can I follow What is Happening in the Lawsuit?

This lawsuit was filed in U.S. Federal Court in Kansas City, Kansas. That court allows the public to view the documents filed in existing lawsuits. You can access this information by clicking on https://ecf.mowd.uscourts.gov/cgi-bin/login.pl.

Once you are on that web page, you will need to set up a PACER account in order to receive a “login” and “password.” There is a link on this page for http://pacer.psc.uscourts.gov/. Once you have a login and password, you can go back and enter that information on the court’s website in order to log-in. After you log in, click “query” at the top of the next screen. This will bring up a “search clues” box. Within that box, you will need to enter 09-0796 in the case number area, then hit the “Run Query” button. On the next screen, click on the “docket report” link. That will bring up the docket report for the case. You will be able to see all the documents that have been filed in the case, including all the consent to join forms. Note: if you click on a document and want to review it, there is a charge to your PACER account for the copies.