RJ Reynolds Representative Wage and Hour Overtime Lawsuit FAQs

Frequently Asked Questions

• I signed a severance agreement. Can I still join?
• What is this lawsuit about?
• Why did I receive a Notice of the Lawsuit?
• What are Plaintiffs asking for?
• Who are the “Named Plaintiffs” and what is their role?
• What are my options?
• How do I know if I’m eligible to join?
• What do I need to do to become a part of the lawsuit?
• Will I be required to do anything else once I join the lawsuit?
• Can R.J. Reynolds retaliate against me if I join the case?
• Do I have to pay for legal representation?
• Click Here to View the Complaint in this lawsuit
• Click Here to read or download a copy of the Notice of Lawsuit

Yes. We’ve received written confirmation from RJ Reynolds that the severance agreement you signed has no impact on your ability to participate in this case. Specifically the agreement states that:

(1) the release in the severance agreement doesn’t cover the claims in this lawsuit;

(2) signing the severance agreement does not prohibit you from joining this lawsuit; and

(3) RJ Reynolds will not terminate your severance or otherwise retaliate against anyone who joins this case.

Additionally, RJ Reynolds has agreed it will not seek damages or pursue a counterclaim against you for joining the lawsuit.

Click Here To view the signed agreement with RJ Reynolds

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Plaintiffs are current and former retail representatives for R.J. Reynolds. Plaintiffs allege that R.J. Reynolds unlawfully pays retail representatives only for work that they perform between the hours of 8:00 a.m. and 5:00 p.m. According to Plaintiffs, R.J. Reynolds should compensate retail representatives for administrative work they perform from their homes, including, but not limited to:

• reading and sending e-mails,
• reviewing field communications and other work-related memos, and
• performing their daily laptop communication.

Plaintiffs also allege that R.J. Reynolds’s practice of automatically deducting one hour of pay for lunch time is unlawful because many retail representatives did not take a full hour for lunch.

Plaintiffs also allege that R.J. Reynolds should pay retail representatives for the time they spend traveling between their homes and the first store on their route and/or the time they spend traveling from the last store on their route to their homes.

Plaintiffs allege that R.J. Reynolds’s company policies caused retail representatives to perform overtime work without compensation.

R.J. Reynolds contends that it has properly paid current and former employees for all work they performed, including paying them for all overtime due, and denies that any current or former employees are entitled to any additional compensation or other relief. Accordingly, R.J. Reynolds denies that it has violated applicable law in any way.

The Honorable Richard E. Dorr, a Judge in the United States District Court for the Western District of Missouri, is overseeing this collective action. The lawsuit is known as Marshall, et al. v. R.J. Reynolds Tobacco Company, Case No. 07-0277-CV-W-RED.

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You received this Notice of Lawsuit because R.J. Reynolds’s records show that you currently work or previously worked for R.J. Reynolds as a retail representative. The Court has conditionally allowed, or conditionally “certified” a collective action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial, which may be necessary to decide whether the claims being made against R.J. Reynolds are correct.

If you: (1) have been employed by R.J. Reynolds as a retail representative employee at any time from January 10, 2005, to the present; and (2) worked any overtime hours (in excess of 40 per week) without compensation, you are eligible to join this lawsuit. Both current and former retail representatives that meet the above criteria are eligible to join.

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Plaintiffs are seeking to recover unpaid wages, including overtime, for work they contend they performed. Plaintiffs also seek “liquidated damages,” which may double the amount of overtime owed. Plaintiffs also seek recovery of costs and attorneys’ fees.

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Who are the “Named Plaintiffs” and what is their role?

The named plaintiffs worked for R.J. Reynolds as retail representatives. They act as representatives for everyone who joins the lawsuit. In that capacity, they make decisions on your behalf about the case. They make decisions about the way the case is litigated. They enter into an agreement with Plaintiffs’ counsel regarding payment of attorneys’ fees and court costs. They approve any settlements, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into will be binding on you if you join the lawsuit.

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What are my options?

• Join the lawsuit. If you choose to participate in the lawsuit, you must sign and promptly return the Consent to Join form (found at page 6 of the Notice of Lawsuit) before the deadline of April 22, 2008.
  
  If you choose to join in this lawsuit, you will have the possibility of getting money or benefits that may come from a trial or a settlement. You will give up any rights to separately sue R.J. Reynolds about the same legal claims in this lawsuit.
• Elect not to join the lawsuit. If you choose not to participate in this lawsuit, simply do not return the Consent to Join Form.
  
  If you do not join in this lawsuit, you will give up the possibility of getting money or benefits that may come from a trial or settlement in this case. However, you will keep any rights to sue R.J. Reynolds separately about the same legal claims in this lawsuit, but the limitations period on your claim continues to run.

Should the envelope enclosed with the Notice of Lawsuit be lost or misplaced, the Consent to Join Form must be sent to:

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To be eligible to join this lawsuit:

If you: (1) have been employed by R.J. Reynolds as a retail representative employee at any time from January 10, 2005, to the present; and (2) worked any overtime hours (in excess of 40 per week) without compensation, you are eligible to join this lawsuit. Both current and former retail representatives that meet the above criteria are eligible to join.

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If you choose to join this lawsuit, it is extremely important that you read, sign and promptly return the Consent to Join Form that is found at page 5 of the Notice of Lawsuit. The signed Consent to Join form should be returned promptly to:

The signed Consent to Join form must be postmarked by April 22, 2008. If your signed Consent to Join Form is not postmarked by April 22, 2008, you will not be allowed to participate in any recovery obtained, if any, against Wells Fargo in this lawsuit. You may fax your signed Consent to Become a Party Plaintiff form to Class Counsel at: 1-816-714-7101.

If you need a copy of the Consent to Become a Party Plaintiff form, contact class counsel immediately toll-free at 1-866-714-0875.

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While this suit is pending, you may be required to provide information, appear for a deposition, or otherwise participate in the action.

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No. It is a violation of federal law for R.J. Reynolds to terminate your employment, or in any other manner discriminate or retaliate against you for taking part in this case or otherwise exercise your existing rights under the Fair Labor Standards Act.

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No. You do not have to pay anything out of pocket to the lawyers representing you, even if the case is not successful. The named Plaintiffs have entered into a contingency fee agreement with Plaintiffs’ counsel.

Under the agreement, if Plaintiffs are successful, Plaintiffs’ counsel will receive a percentage of any settlement. If Plaintiffs are unsuccessful, plaintiffs’ counsel will bear responsibility for costs and expenses of the litigation and will not seek payment from any person who joined this case. A copy of the contingency fee agreement executed by the named Plaintiffs may be obtained upon request from Plaintiffs’ counsel identified below.

If you choose to join this lawsuit, you will be represented by George A. Hanson, Matthew L. Dameron, and other lawyers from the firm of Stueve Siegel Hanson LLP. To learn more about Stueve Siegel Hanson LLP, its practices, and the lawyers that work there, visit www.stuevesiegel.com

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