Dollar General 2014 Annual Report Download - page 154

10-K
DOLLAR GENERAL CORPORATION AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (Continued)
8. Commitments and contingencies (Continued)
Company does not expect the resolution of the Buttry matter to have a material adverse impact on the
Company’s consolidated financial statements as a whole.
On March 19, 2014, a lawsuit entitled Danielle Harsey v. Dolgencorp, LLC (Case
No. 5:14-cv-00168-WTH-PRL) (‘‘Harsey’’) was filed in the United States District Court for the Middle
District of Florida. The Harsey plaintiff seeks to proceed on a nationwide collective basis under the
FLSA and as a statewide class under the Florida Minimum Wage Act on behalf of all similarly situated
non-exempt store employees who allegedly were not paid for all hours worked. The Harsey plaintiff
seeks back wages (including overtime), liquidated damages, pre- and post-judgment interest, injunctive
relief, and attorneys’ fees and costs. The Company filed its answer on May 7, 2014.
On August 19, 2014, the court entered a scheduling order, which among other things, requires
plaintiff to file motions for class certification of her statewide claims and conditional certification of her
claims under the FLSA on or before January 7, 2015. The plaintiff did not seek conditional or class
certification with respect to either her FLSA or state law claims.
The parties have reached a preliminary agreement, which must be submitted to and approved by
the court, to resolve this matter for an amount not material to the Company’s consolidated financial
statements as a whole. At this time, although probable, it is not certain that the court will approve the
settlement. However, even if the court does not approve the settlement on its current terms, the
Company does not expect the resolution of the Harsey matter to have a material adverse impact on the
Company’s consolidated financial statements as a whole.
On July 14, 2014, a lawsuit entitled Leslie Vincino v. Dolgencorp, LLC (Case No. 2014-CA-517)
(‘‘Vincino’’) was filed in the Circuit Court, Eighth Judicial Circuit, for Levy County, Florida. The
Vincino plaintiff seeks to proceed on a nationwide collective basis under the FLSA on behalf of all
similarly situated non-exempt store employees who allegedly were not paid for all hours worked. The
Vincino plaintiff seeks back wages (including overtime), liquidated damages, pre-judgment interest, and
attorneys’ fees and costs. The Vincino plaintiff also asserts individual claims for violation of the Florida
Civil Rights Act for alleged discrimination based on alleged unidentified disabilities. For the claims
asserted under the Florida Civil Rights Act, the Vincino plaintiff seeks compensatory damages, back
wages, front pay, punitive damages, attorneys’ fees and costs. On August 11, 2014, the Company
removed this matter to the United States District Court for the Northern District of Florida (Case
No. 1:14-cv-142-RS-GRJ). The Company filed its answer on August 18, 2014.
On September 25, 2014, the court entered a scheduling order which requires plaintiff to file her
motion for conditional class certification of her claims under the FLSA on or before February 23, 2015.
On January 12, 2015, the plaintiff notified the court that she did not intend to seek conditional
certification of her FLSA claims. Plaintiff’s individual claims under the FLSA and Florida Civil Rights
Act remain pending. The Company intends to vigorously defend this action and does not expect its
ultimate resolution to have a material adverse impact on the Company’s consolidated financial
statements as a whole.
On September 8, 2014, a lawsuit entitled Joyce Riley v. Dolgencorp, LLC (Case No. 2:14-cv-25505)
(‘‘Riley’’) was filed in the United States District Court for the Southern District of West Virginia. The
Riley plaintiff seeks to proceed on a collective basis under the FLSA on behalf of all similarly situated
non-exempt store employees in the state of West Virginia who allegedly were not paid for certain
breaks. The Riley plaintiff seeks back wages (including overtime), liquidated damages, and attorneys’
fees and costs.
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