Two national classes sue 24 Hour Fitness for its unhealthy pay practices.
Last Updated: March 2010
Two separate national classes of 24 Hour Fitness employees have been certified in a collective action against 24 Hour Fitness under the Fair Labor Standards Act. Both classes are being vigorously represented by Foley Bezek Behle & Curtis, LLP and co-counsel in the Northern District of California.
The first class consists of managers who allege that they were misclassified as "exempt" employees not entitled to (and not paid any) overtime pay. The second class consists of personal trainers who were not compensated for the hours they were required to work off the clock. 24 Hour Fitness required personal trainers to conduct sales, "work the floor," provide health assessments, perform training sessions, clean and restack weights, and so on - without even paying them a minimum wage for those hours. Both groups of employees seek unpaid back wages and overtime. By successfully arguing for equitable tolling FBBC received claims periods covering 8-10 years worth of employment for each class.
The discovery phase of the litigation is now finished, FBB&C having defended nearly four dozen depositions in over a half a dozen states. These depositions occurred after FBB&C and co-counsel took nearly a dozen depositions of 24 Hour executives and waded through hundreds of thousands of pages of documents produced and millions of payroll records.