Iii Alternative Motion To Dismiss Or Strike
In the alternative to its Motion to Compel Arbitration, F& D also moves to dismiss or strike the Complaint, or portions thereof, under Rule 12, 12, or 12, on the grounds that the court lacks personal jurisdiction over F& D with respect to the claims asserted against it by opt-in plaintiffs who do not reside in Tennessee and whose claims have no connection to Tennessee the court cannot adjudicate any claims asserted by opt-in plaintiffs who are subject to binding agreements to arbitrate FLSA claims and the Complaint fails to allege sufficient facts to state colorable claims on behalf of any individual opt-in plaintiffs other than Hammond.
A. Motion to Dismiss or Strike All Claims on Behalf of a Collective
In this case, besides alleging facts to support his own FLSA claim with sufficient detail, the plaintiff asserts that other similarly situated F& C Hourly Workers were scheduled to and did work hours similar to histhat is, more than forty per weekand that the defendant did not compensate them at the statutorily required rate. He alleges that F& D managers regularly “shaved time” off of Hourly Workers’ recorded hours in order to avoid paying the amount of overtime due. At this juncture, these allegations are sufficient, and the motion to dismiss in their entirety the claims on behalf of a collective will be denied.
B. Motion to Dismiss Claims by Individuals Subject to Arbitration Agreement
1. Rule 12 Standard of Review
2. The Parties’ Arguments
see id
3. Analysis
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I Factual And Procedural Background
The Collective Action Complaint asserts that F& D is a Delaware corporation operating “warehouse-format” retail stores in twenty-eight states, including Tennessee. It sells “hard-surface flooring and related accessories.” F& D employs “non-supervisory Hourly Workers . . . in a variety of positions,” including those of Warehouse Associate, Pro Services Associate, Customer Services Sales Associate, and so forth. The Hourly Workers are paid an hourly wage and do not receive commissions or bonuses. According to Hammond, “F& D applies uniform employment policies, practices, and procedures” to “all similarly situated Hourly Workers nationwide,” including with respect to its time-keeping system, Kronos. F& D operates a retail store in Antioch, Tennessee .
Plaintiff Hammond is an individual residing in Davidson County, Tennessee. Hammond began working at F& D’s Antioch store as a Warehouse Associate in October 2016, and he remained in that position until F& D terminated his employment in November 2018. The manager of the Nashville store was, at all times relevant to this case, James “JJ” Donelson Samantha Remmick was the Regional Operations Manager.
Based on these allegations, Hammond asserts a claim for unpaid overtime wages under the FLSA, not only on his own behalf, but also on behalf of a “Putative Collective” of “non-exempt employees entitled to be paid overtime compensation at 1.5 times their regular rates of pay for all hours worked over 40 in a workweek.”
Floor And Decor Salaries
How much do people at Floor and Decor get paid? See the latest salaries by department and job title. The average estimated annual salary, including base and bonus, at Floor and Decor is $86,090, or $41 per hour, while the estimated median salary is $189,190, or $90 per hour.
At Floor and Decor, the highest paid job is a Director of Engineering at $155,472 annually and the lowest is an Admin Assistant at $39,016 annually. Average Floor and Decor salaries by department include: Finance at $73,680, Design at $63,995, Sales at $65,899, and Marketing at $225,555. Half of Floor and Decor salaries are above $189,190.
16 employees at Floor and Decor rank their Compensation in the Bottom 30% of similar sized companies on Comparably while 16 employees at Floor and Decor rank their Perks And Benefits in the Bottom 30% of similar sized companies on Comparably .
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Floor & Decor Holdings Inc Announces Appointment Of New Directors
ATLANTA—-Floor & Decor Holdings, Inc. announced that Ryan R. Marshall, President and CEO of PulteGroup, Inc. , Kamy Scarlett, Chief Human Resources Officer of Best Buy Co. Inc. and Charles D. Young, Executive Vice President and Chief Operating Officer of Invitation Homes Inc. , have been appointed to Floor & Decors Board of Directors, effective January 1, 2021.
Norman Axelrod, Floor & Decors Chairman, said, We are extremely pleased that Ryan, Kamy and Charles have agreed to join our Board. They are outstanding executives with broad operational and strategic expertise that we believe will assist our continued growth. They will also add diverse perspectives and skills to our Board discussions.
Floor & Decor also announced that Brad Brutocao, Partner of Freeman Spogli, Rachel Lee, Partner in the Private Equity Group of Ares Management, and John Roth, Chief Executive Officer of Freeman Spogli, each resigned from its Board of Directors, effective January 1, 2021.
Tom Taylor, CEO of Floor & Decor, said, We are thrilled to welcome Ryan, Kamy and Charles to our Board and look forward to continuing our growth with their leadership. We also thank Brad, Rachel and John for their extraordinary contributions to Floor & Decor over the last 10 years.
About Ryan R. Marshall
About Kamy Scarlett
About Charles D. Young
About Floor & Decor Holdings, Inc.
Forward-Looking Statements
Human Resource Management On The Floor
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About Floor And Decor History And Headquarters Information
The company was founded in the year 2000. They provide superior quality of the flooring, with products like the showrooms and prices like the warehouse. They have the largest collection of tile, wood, stone and all related tools that are used to fix these things up.
They provide solutions in tiling, stoning, flooring, laminates and vinyl, and even decoratives and flooring accessories. They also supply the installation materials required. They have opened what they call Inspiration Stores where one can come and feel for himself the quality of products and select the favourite one they like.
They buy directly from the manufacturers, and that is what enables them to provide the products and services at the cost they do. They also provide help with the designing and selection process and also have a 14 day supply hold facility in case the customer needs them to store their items.
The headquarters of the company is located in Atlanta. Find the contact address below:
7350 W 52nd Ave, Arvada, Co 80002, USA
How Much Does A Human Resources At Floor And Decor Make
Human Resources salaries at Floor and Decor can range from $101,458-$109,782. This estimate is based upon 1 Floor and Decor Human Resources salary report provided by employees or estimated based upon statistical methods. See all Human Resources salaries to learn how this stacks up in the market.
How does this pay data of $101,458 – $109,782 look to you? Your input helps Glassdoor refine our pay estimates over time.
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Floor And Decor Salary Faqs
The average Floor and Decor salary ranges from approximately $29,290 per year for a Cashier to $172,821 per year for a Lead Developer. The average Floor and Decor hourly pay ranges from approximately $14 per hour for a Customer Service Associate to $1,742 per hour for a Display Builder. Floor and Decor employees rate the overall compensation and benefits package 3.5/5 stars.
The highest-paying job at Floor and Decor is a Lead Developer with a salary of $172,821 per year.
The lowest-paying job at Floor and Decor is a Cashier with a salary of $29,290 per year.
Floor and Decor employees attributed a compensation and benefits rating of 3.5/5 stars to their company. Read what they think about their salaries on our Compensation FAQ page for .
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Ii Motion To Compel Arbitration
A. Legal Standard
The Federal Arbitration Act allows parties to a “contract evidencing a transaction involving commerce” to agree that certain disputes between them arising from such “contract or transaction” will be decided by an arbitrator rather than by a court. 9 U.S.C. § 2. Described by the Supreme Court as the “primary substantive provision” of the FAA, Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 , Section 2 further provides that any such agreement to arbitrate “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. This section embodies “a liberal federal policy favoring arbitration.” AT & T Mobility LLC v. Concepcion, 563 U.S. 333, 339 . The principal purpose of the FAA is to ensure the enforcement of private arbitration agreements according to their terms the broader purpose of allowing parties to submit grievances to arbitration is to facilitate “efficient, streamlined procedures tailored to the type of dispute” at issue. Id. at 344 see also Stout v. J.D. , 228 F.3d 709, 714 . Despite this liberal federal policy favoring arbitration agreements, arbitration is a “matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” AT & T Techs. v. Commc’ns Workers of Am., 475 U.S. 643, 648 see also GGNSC Louisville Hillcreek, LLC v. Estate of Bramer, 932 F.3d 480, 485 .
B. Analysis
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Why Choose Floor & Decor
At Floor & Decor, entrepreneurship and teamwork are not just buzzwords. Our associates are a community of success-driven, innovative go-getters that are taking the company and their careers to the next level. If you enjoy a fast-paced environment, working with people from diverse backgrounds, and are looking to build a career, then come find your future at Floor & Decor.
Fortunes 100 Fastest-Growing Companies in 2020
Common Questions About Salaries At Floor And Decor
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Who We Are
Floor & Decor is like no other flooring company, offering the broadest in-stock selection of tile, wood, stone, related tools, and flooring accessories at everyday low prices. We deliver a unique shopping experience through inspirational displays and incredible customer service. Founded as a single store in 2000, weve quickly become one of the countrys leading flooring retailers through our associates teamwork and entrepreneurial spirit. With 100 stores and counting, the opportunities to advance within our organization are endless were proud to rank 48th on Fortunes 2020 list of the 100 fastest-growing companies. From our stores to our corporate headquarters, we all have one common goal: do our part in helping the company succeed. We work together in a respectful, collaborative and community-driven environment where every voice counts.
