The court action and arbitrations against SPAR Business Services and it’s two co-owners settled in February 2022. Pursuant to the settlement agreement, and the court order approving that agreement, the co-owners had seven months to pay the entirety of the settlement amount. The two co-owners violated, and continue to violate, the Court’s order by failing to make the requisite settlement payments. Specifically, while Defendants made the first five payments in accordance with the court-ordered deadlines, they failed to make the sixth and seventh payments totaling $58,846.21. In February 2023 the Court entered judgment against the two owners, making the outstanding settlement payments immediately due. Despite the Court order, the two co-owners have still refused to pay. Given their failure to pay we obtained a judgment lien on their homes, and are continuing our collection efforts to receive the full settlement amount.
Please contact the Case Clerk, Theo Hoyer, at 612-256-3275 or at thoyer@nka.com with any questions about the ongoing status of this case.
Case Updates
February 10, 2023
SPAR Business Services Update
We filed a petition for entry of judgment against the two co-owners of Spar because of their failure to pay the full settlement amount. The court has granted that petition, entering judgment against the Defendants. Our next move will be to proceed forward with the collection process to make sure Defendants pay the amount they agreed to pay.
January 7, 2016
SPAR Business Services Update
On December 8, 2015, the Court issued and order conditionally certifying a group consisting of merchandisers in the Houston and Galveston areas. The Court later approved the parties’ proposed communications with these merchandisers about the lawsuit. Merchandisers in these areas will be sent judicial notice of the lawsuit on January 11, 2016, and they will have until March 11, 2016 to join this case by completing and returning a Consent Form. We plan to later renew with the Court our request to proceed as a collective action for all of Spar’s merchandisers outside of California, not just those in the Houston and Galveston areas. In the meantime, merchandisers outside of the Houston and Galveston areas have been joining the case.
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Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 877-344-4628 today!
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Do I Have a Claim?
If you worked as a merchandiser for Spar, were classified as an “independent contractor,” or worked over forty hours during any work weeks in the past three years without receiving overtime premiums, you may have a claim to seek to recover back wages.
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What Locations Are Included?
The Court has already allowed a conditional collective of merchandisers from the greater Houston and Galveston areas to proceed together in this case. We plan on renewing our request to include all merchandisers outside of California interested in joining.
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What Time Frame Does This Case Cover?
There is a statute of limitations that allows you to recover pay for hours worked during the two years before you bring your claim. If we can prove Spar willfully violated the law, the statute of limitations will be extended to three years.
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Do I Have To Pay Anything?
The attorneys are handling this case on a contingency fee basis. This means we will only be paid if we are successful in obtaining relief for you. Our payment will only come out of your settlement, final judgment, or award. If for some reason we are not successful, you pay us nothing.
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How Do I Prove I Worked Overtime?
During litigation, we will request that Spar provide us with any documents or other evidence of your work hours. Where the employer does not keep accurate time records, most courts permit the employee to make a “good faith” estimate of the overtime hours they worked. You do not need to have documentary proof of the hours you worked, and the court will generally accept a good-faith estimate of your hours.
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What About Retaliation?
The law protects employees against retaliation for asserting their rights, and if you suffer retaliation, you may be able to bring additional claims. If you currently work for Spar, and you feel you are the victim of retaliation for participating in this case, contact us immediately.
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How Can I Help?
If you have information that may assist us with this case, including non-confidential documents that relate to unpaid overtime, please contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com.
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How Do I Learn More?
To learn more about this case, please contact the case clerk, Theo Hoyer at (612) 256-3275 or thoyer@nka.com.
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