Introduction Background Composition of the Class Your Right to Participate in the Suit Effects of Joining this Lawsuit No Legal Effect in Not Joining this Lawsuit No Retaliation Permitted Your Legal Representation If You Join Further Information

This webpage informs you of the existence of a potential class action lawsuit in which you potentially are "similarly situated" to the named plantiffs; to advise you of how your rights may be affected by the lawsuit; and to instruct you on the procedure for participating in the suit, should you decide that it is appropriate and should you choose to do so.

On May 17, 2005, Tamara Barrus brought a lawsuit against the defendants on behalf of herself and all other past and present employees of Dick’s and/or Galyan’s who were paid by the hour, and who were not properly paid for all hours worked including overtime. Three additional employees have since been named in the lawsuit as plaintiffs on behalf of all other past and present employees of Dick’s and/or Galyan’s.

Plaintiffs allege that they are entitled to recover unpaid wages and overtime pay for all the years that defendants failed to properly compensate them because the actions of defendants were willful. Plaintiffs also seek an additional equal amount as liquidated damages and/or prejudgement interest, attorneys' fees and costs. This lawsuit is currently in the early pretrial stages.

The named plaintiffs seek to sue on behalf of themselves and also on the behalf of other employees with whom they are similarly situated.

Specifically, the Plaintiffs seek to sue on behalf of any and all employees who at any time between July 5, 2002 to the present performed any work that they were not fully paid for and those employees who should have been paid overtime.

If you fit the definition above, you may join this lawsuit (that is, you may "opt in") and allow us to investigate your claim by mailing the "Consent to Become a Party Plaintiff" form to plaintiffs’ counsel at the following address. We must receive your form no later than May 13, 2009.

Dick’s and Galyan’s Class Action Lawsuit

If you file a "Consent to Become a Party Plaintiff" form, your continued right to participate in the suit may depend upon a later decision by the District Court that you and the Plaintiffs in this action are actually "similarly situated" in accordance with federal law.

If you choose to join in the suit, you will be bound by the Judgment, whether it is favorable or unfavorable. While this suit is proceeding, you may be required to respond to written questions, sit for depositions and/or testify. The attorneys for the class will work to ensure this is with minimum inconvenience to you. In addition, the attorneys for the class plaintiffs are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorneys' fee. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.

By joining this potential lawsuit, you designate the class representatives as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.

These decisions and agreements made and entered into by the representative plaintiffs will be binding on you if you join this potential lawsuit. If you would like to see a copy of the retainer agreement entered into by the class representatives, please contact the law firm representing you in this matter.

If you choose not to join this suit, your Federal Rights will not be affected by any judgment or settlement rendered in this case, whether favorable or unfavorable to the class. If you choose not to join in this lawsuit, you are free to file your own lawsuit. However, if you delay in joining this lawsuit, the statute of limitations will bar any recovery for two or three years prior to joining or commencing such an action.

Federal law prohibits Dick’s from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.

If you choose to join this lawsuit your interests will be represented by the named plaintiffs through their attorneys as counsel for the class. Counsel for the class is:

Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
585-272-0540
Contact Us

Further information about this Notice, the deadline for filing a "Consent to Become a Party Plantiff", or questions concerning this lawsuit may be obtained by writing plantiffs' counsel at the address shown above.