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Case ID: 2572 | Employment | 08/19/2004
A class action has been filed against theme park owner Florida Cypress Gardens, Inc. on behalf of former employees who allege that they were laid off without the proper 60 days' notice in violation of the federal Worker Adjustment and Retraining Notification (WARN) Act. The action seeks 60 days of back pay for each employee, as allowed by the WARN Act.
On April 13, the 67-year-old park closed its doors for lack of operating capital. Cypress Gardens saw a decline in patrons immediately following the terrorist attacks on September 11, 2001, and attendance at the park never rebounded. The worsening economy, the threat of terrorism and, ultimately, the war contributed to the park's inability to remain open. March 2003 attendance was down 42,000 visitors from the previous year. The WARN Act requires employers with 100 or more full-time employees to give at least 60 days' advance notice of a business closing or mass layoff to affected employees. This is where Cypress Gardens allegedly ran afoul of the regulations, by not giving employees sufficient official notice. A separate action has been filed in Florida state court regarding allegations of sick time and vacation pay violations. 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 class action lawsuit has been filed in the Middle District Court of Florida against Fenaggi Business Corporation, F&T Business Corporation, Green Light of Jacksonville Corporation and Running Billboard Corporation for violations of the Fair Labor Standards Act (FLSA). Class members seek unpaid overtime compensation, attorney's fees and costs. A class action lawsuit has been filed in United States District Court against Exoticus Nauticus dba Wild Deuces Casino and Sports Bar. The case involves violations of federal labor law. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action has been filed against Onyx Waste Services, Inc., a Wisconsin based company that operates a trash removal company in Florida, for failure to pay overtime wages in violation of the Fair Labor Standard Act (FLSA). A class action has been filed against Elli's Associates for violations of the Fair Labor Standards Act (FLSA) and the New York Minimum Wage Act, specifically for the failure to pay overtime to its employees. The class seeks their unpaid regular wages, unpaid overtime compensation, an additional 25 percent as liquidated damages, reasonable attorneys' fees and costs of the action. A national class action has been filed against prescription drug plan operator Express Scripts, Inc. on behalf of all U.S. citizens who were or are participants in or beneficiaries of any employer-provided prescription benefit plan (1) that required participants or beneficiaries to pay a percentage co-pay for prescription drugs and (2) for which Express Scripts, Inc. or one of its predecessors-in-interest or subsidiaries serves or has served as the plan's provider of prescription drugs at any time from October 1, 1997, through the present. The action is brought under the Employee Retirement Income Security Act (ERISA) and claims that Express Scripts breached its fiduciary duty to plan participants and beneficiaries in several ways. The participants are seeking declaratory and injunctive relief and a court order requiring Express Scripts to make an accounting of and reimburse consumers and benefit plans all monies earned through allegedly unlawful activities.
As the result of an alleged continuous pattern of labor violations, another collective action has been filed in Florida against the School Board of Broward County, Florida. 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 board. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as well as statutory damages, liquidated damages and declaratory relief. |
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