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Case ID: 2553 | Employment | 09/30/2004
A $1.27 million judgment has been entered against the Chicago Housing Authority in favor of police officers, security officers, and employees in the housing authority's police department, which was closed in October 1999 without giving 60 days' notice to workers, as is required under the federal Worker Adjustment and Retraining Notification Act (WARN Act), thereby violating the act. The money will not be distributed until all possible appeals have been exhausted.
The WARN Act requires that any business enterprise with 100 or more employees give 60 days of notice before a mass layoff. Workers who suffer an employment loss without receiving the proper notice may sue for compensation. In September 2002, Joseph Moriarty, an attorney with the housing authority, researched the WARN Act, reviewing the law, case law, regulations, and provisions of the Illinois Housing Authorities Act. He concluded that the authority was not subject to the act because it was not an "employer" as defined by the WARN Act's regulations. The housing authority notified the workers of the shutdown on October 12, 2002, and they were officially terminated on October 29. The police officers were represented by two unions, Local 73 of the Service Employees International Union and the Illinois Fraternal Order of Police Labor Counsel. The security officers were represented by SEIU Local 1. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A close look into the "medical malpractice crisis" will show that insurance companies, not lawyers, are to blame. Three related class actions have been filed against the General Reinsurance Corporation, Reciprocal of America, accounting firms PricewaterhouseCoopers and Milliman U.S.A., and numerous other malpractice insurance providers on behalf of attorneys, doctors and hospitals who bought malpractice insurance from the insurers. The action alleges that the malpractice insurers conspired with their reinsurer Reciprocal of America, which in turn conspired with General Reinsurance to misrepresent Reciprocal's financial health, in violation of the federal Racketeer Influenced and Corrupt Organizations Act.
A collective action has been filed in South Carolina against the Berkeley County School District. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. A statewide collective action has been filed in Florida against U.S. Pool Acquisition Corporation. The action is brought on behalf of all current and former employees, who since March 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. A collective action has been filed in Indiana against U.S. Security Associates, Inc. The action is brought on behalf of all Indiana residents who worked as security guards for U.S. Security and who were denied proper overtime compensation. The action is brought under the federal Fair Labor Standards Act as well as Indiana state labor and contract law and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all claimants that wish to join the action must voluntarily "opt-in" to the action. The guards have asked the court to notify all potential claimants. Kentucky Attorneys representing hourly employees at Wal-Mart stores in Kentucky have asked a judge to grant class-action status to their lawsuit alleging the retail giant didn't allow them break periods and didn't pay them for work they performed while off the clock. A collective action has been filed in Alabama against the Shelby County Board of Education. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by Aiken County. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. |
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