Kohl’s FLSA Collective Action Lawsuit

Baker v. Kohl’s Corporation
United States District Court for the Eastern District of Wisconsin
Docket No.: 21-00856

Counsel: Matthew Miller, Manali Arora, Justin Swidler

On July 20, 2021, a Kohl’s hourly employee filed a federal lawsuit in the United States District Court for the Eastern District of Wisconsin, asserting that Kohl’s failed to pay her and hundreds of Kohl’s employees overtime wages and owed non-overtime wages as required under the Fair Labor Standards Act and state law. Specifically, the Named Plaintiff alleges that Kohl’s required her and other hourly employees to clock out before performing procedures to close the store. Kohl’s did not pay its employees for the time spent performing work after clocking out.

If you have worked for Kohl’s as hourly employee and performed closing procedures after clocking out and without pay during the last three years, you may be eligible to join the FLSA lawsuit. Please call one of our employment attorneys today for more information. The Court has not yet made any determinations regarding the merits of the case or whether the case will be certified as a collective action. However, the statute of limitations (i.e., the amount of time that may pass prior to you being unable to sue Kohl’s because too much time has passed) will continue to run until you file a Consent Form with the Court. Hence, if you have worked for Kohl’s in the last three years and wish to protect your rights pending the Court’s decision on certification, you may sign the Consent Form below, and the Form will be filed with the Court.

Swartz Swidler, LLC has taken this case on a contingency fee. It may be entitled to receive attorney’s fees and costs from Kohl’s should there be a recovery or judgment in favor of the Plaintiffs. If there is a recovery, Swartz Swidler, LLC will receive a part of any settlement obtained or money judgment entered in favor of all members of the class or their fees will be paid separately by Kohl’s. If there is no recovery or judgment in Plaintiffs’ favor, Swartz Swidler, LLC will not seek any attorney’s fees or costs from any of the Plaintiffs.


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