Case Background

This web site provides information about a nationwide certified collective lawsuit for unpaid overtime against 24 Hour Fitness pursuant to the Fair Labor Standards Act (“FLSA”) brought by current and former employees who worked for 24 Hour Fitness in states other than California.

This case was originally filed by 57 former employees of 24 Hour Fitness in U.S. District Court in San Francisco on February 1, 2006. Plaintiffs allege that 24 Hour Fitness violated the FLSA by not paying overtime to its employees who worked more than 40 hours per week.  

To view a copy of the First Amended Complaint, Click Here.

If you only worked in California or if you submitted a claim form for the class action settlement in Boyce v. Sport and Fitness Clubs of America, Case No. 03-CV-2140 BEN (U.S.D.C. S.D.Cal.) you are not eligible to join this FLSA action.

The Plaintiffs filed a motion requesting the Court to conditionally certify the lawsuit as a “collective action” which is a type of lawsuit that may be maintained by one or more employees for and on behalf of themselves and all other current and former employees who are “similarly situated.”  No employee may be a plaintiff, however, unless he or she is eligible based on the definition approved by the Court, and the individual gives his or her consent in writing to become a party, and that consent is timely filed with the Notice Administrator appointed by the Court.

On May 9, 2007, the Court entered an Order granting conditional certification on behalf of certain persons who work or have worked for 24 Hour Fitness in a club outside California, in  “managerial positions” that were classified as exempt from being paid overtime for hours worked in excess of 40 hours per week during the time period between December 31, 1998 to the present (“Claims Period”).  To view a copy of the Court’s May 9, 2007 Order, Click Here.

If you worked in a managerial position for 24 Hour Fitness outside California at any time between December 31, 1998 and the present, and your job duties were classified by 24 Hour Fitness as “exempt” from overtime (in other words, if you were a salaried employee) and you worked in excess of forty (40) hours in a week and you were not paid overtime, you may be eligible to join, or participate in, this lawsuit.

To view a copy of the “Notice” approved by the Court to be mailed to all persons eligible to participate in this lawsuit pursuant to the Court’s May 9, 2007 Order, Click Here.

Individuals who worked, or currently work, in a managerial position in a club outside California, and whose job classification(s) or position(s) were classified as “exempt” from overtime for work in excess of forty (40) hours per week during the applicable Claims Period, and who wish to participate in the lawsuit, must send a Consent to Join form either by first class mail or via facsimile to the Notice Administrator appointed by the Court, CPT Group, Inc.  CPT Group’s mailing address is 16630 Aston, Irvine, California 92606; the facsimile telephone number for CPT Group is (949) 852-9340.  CPT Group’s telephone number is (888) 687-3491.

To obtain a “Consent to Join” form to complete and mail or fax to the Notice Administrator to join the case, Click Here.

The deadline to file the Consent to Sue form with CPT Group is no later than sixty (60) days after the date the Notice Administrator mails the Notice.  It is not yet known on what date the Notice Administrator will mail the Notice to eligible individuals.

If you have questions about the Court’s May 9, 2007 Order, the Notice approved by the Court, or the Consent to Join form, or if you have questions regarding this case, you may contact Plaintiffs counsel at the toll free telephone number listed in the Notice 1-714-955-5816.

If you would like to receive future email updates on the status of this lawsuit, please enter your contact information here.

PLEASE DO NOT CONTACT THE COURT OR ANY COURT PERSONNEL FOR INFORMATION.

Richard Donahoo
Donahoo & Associates
440 West First Street Suite 101
Tustin, California 92780
(714) 955-5816
email: info@24hourlawsuit.com

Thomas G. Foley, Jr. or Nathan Lowery
Foley & Bezek, LLP
15 W. Carrillo Street
Santa Barbara , California
(805) 884-4964
email: info@24hourlawsuit.com