JONATHAN BELANGER et al. v. OCEAN STATE JOBBERS INC.

Records show that you currently or previously have worked for Ocean State as an ATL classified as exempt during the applicable stated period of time.

The lawsuit is titled Belanger, et al. v. Ocean State Jobbers Inc., Civil Action No. 2:24-cv-00103-JAW, and is filed in federal court in the District of Maine.  In it, Plaintiffs Jonathan Belanger, Garrett Davis, and Erik Macintyre, claim that Ocean State failed to pay them and other similarly situated ATLs overtime pay as required by law because Defendant misclassified them as managers exempt from overtime. Specifically, the Named Plaintiffs allege that their primary duties were not managerial and did not differ substantially from those performed by hourly associates, including, among other tasks, tasks such as manual labor, unloading the delivery truck, stocking shelves, manning the cash register, and dealing with trash.  Ocean State maintains that its classification of ATLs as exempt was correct because they performed duties that were managerial in nature and, therefore, Ocean State denies the Named Plaintiffs’ claims.

In a collective action lawsuit, one or more people sue on behalf of themselves and other people who they claim are similarly situated to them. The Named Plaintiffs who sued – and any individuals who complete and return the attached Consent Form – are called the Plaintiffs. One Court resolves the issues for everyone who joins the case.

The Named Plaintiffs who filed this lawsuit allege there is a group of “similarly situated” current and former ATLs who worked for Ocean State.

Ocean State strongly denies any wrongdoing or liability and strongly denies that Plaintiff ATLs were improperly classified as exempt managers. Ocean State further states that Plaintiff ATLs were paid all wages owed to them and that ATLs were paid in compliance with the FLSA.

The Court has not decided whether Ocean State or the Named Plaintiffs is correct. By authorizing this notice, the Court is not suggesting that the Named Plaintiffs will win or lose the case.

The Named Plaintiffs are seeking to recover any alleged unpaid overtime wages, or, in other words, back pay in the amount of time-and-a-half the ATL’s regular rate for all hours worked over 40 in a workweek during the relevant period. The Named Plaintiffs also seek “liquidated damages” in an amount equal to any alleged unpaid wages they may recover against Ocean State, as well as recovery of costs and attorney’s fees.

Ocean State denies both this calculation of damages and liability for any damages.

By joining this lawsuit, you designate the Named Plaintiffs as your representatives, and to the fullest extent possible, to make decisions on your behalf concerning the case, the method and manner of conducting the case, the entering into an agreement with Plaintiffs’ counsel regarding payment of attorney’s fees and court costs, the approval of settlements, and all other matters pertaining to this lawsuit. If you choose to join this lawsuit, you must follow the instructions on the Consent to Join form at the end of this Notice, and complete and return the Consent to Join form in a timely manner. If you choose to join, you may be entitled to share in any money or benefits from a trial or a settlement of the federal wage and hour claim. You also will be bound by any ruling, judgment, or settlement, whether favorable or unfavorable. If you choose to join this lawsuit, there is a possibility that you may be asked to be a witness or to provide documents or other evidence in this case, although not all individuals who opt-in will be required to do so.

Federal law prohibits Ocean State from firing or in any other manner discriminating against you because you have joined this lawsuit.

By doing nothing and choosing not to join the lawsuit against Ocean State, you will not be directly affected by any ruling, judgment or settlement rendered on the FLSA claim asserted in this case, whether favorable or unfavorable. You should be aware that FLSA claims are limited to a two- or three-year statute of limitations, and delay in joining this case, or proceeding separately, may result in some or all of your claims expiring as a matter of law.

Included in the notice you received is a “Consent to Join” form. If you want to participate in this lawsuit, it is extremely important that you read, sign, and promptly return the Consent to Join form. There are several ways to return it:

(1)   You may electronically sign and submit it online on this website by June 28, 2026;

(2)   You can fax it to 877-430-1941 or email it to [email protected] by June 28, 2026; or,

(3)   You can scan the QR code on the notice which will take you to your personalized form and you can sign and return the “Consent to Join” form online ensuring it is submitted no later than June 28, 2026.

(4) You can mail it back in the addressed prepaid envelope, or in another envelope, so that it is postmarked by June 28, 2026 to the following: 

Belanger v Ocean State Jobbers Inc.
c/o Settlement Administrator
PO Box 23678
Jacksonville, FL 32241

Should you lose or misplace the Consent to Join form, please contact the Notice Administrator via email at [email protected] or via telephone at 800-843-3719. If you have questions, you may contact the Plaintiff’s lawyers listed in FAQ 8. 

The signed Consent to Join form must be received by the Notice Administrator or postmarked by June 28, 2026.

If your signed Consent to Join form is not received by the Notice Administrator or postmarked by June 28, 2026, you may be prohibited from participating in this case.

If you join this lawsuit, you have the option to be represented by the Plaintiffs’ lawyers listed below.

However, you may also instead hire, at your own expense, another attorney of your choosing to represent you in this lawsuit, or represent yourself (without the assistance of a lawyer). If you intend to retain your own lawyer or represent yourself, you should indicate that on the Consent to Join form.

The Named Plaintiffs have entered into contingency fee agreements with Plaintiffs’ counsel, which means that if the Named Plaintiffs do not win, there will be no attorney’s fee chargeable to them or anyone who joins the lawsuit. Under the fee agreement, in the event there is a recovery, Plaintiffs’ counsel will be entitled to apply to the Court to receive a percentage of any settlement obtained or money judgment entered in favor of all opt-in plaintiffs. The fees may be part of a settlement obtained or money judgment entered in favor of Plaintiffs, or may be ordered by the Court to be separately paid by Defendant, or may be a combination of the two. A copy of the contingency fee agreement executed by the Named Plaintiffs may be obtained upon request from Plaintiffs’ attorneys identified above.

Ocean State is being represented in this lawsuit by the law firm of Cozen O’Connor, 3 World Trade Center, 175 Greenwich Street – 55^th Floor, New York, New York 10007, and the law firm of Eaton Peabody, 100 Middle Street, Portland, Maine 04112.

PLEASE DO NOT CONTACT DEFENDANT’S COUNSEL.

If you have any questions or require additional information, please contact any of the Plaintiffs’ attorneys listed in FAQ 8. 

To maintain accurate lists of opt-in plaintiffs, you are requested to send notice of any changes in your address to the Plaintiffs’ attorneys listed in FAQ 8. If the Notice was forwarded to you by the postal service, or if it was otherwise sent to you at an address that is not current, you should immediately contact the Plaintiffs’ attorneys listed in FAQ 8 and provide them with your current address.