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Case ID: 2649 | Employment | 08/19/2004
A class action has been filed against AIMCO Properties, LP, the largest owner of residential apartment building communities in the country, on behalf of current and former building maintenance staff workers who were allegedly denied overtime pay for work performed while on-call during nights and weekends between August 7, 2000, and the date of any final judgment in the action. The action alleges that this denial of overtime is a violation of the federal Fair Labor Standards Act. The action seeks payment of the wages and punitive damages equal to the lost wages.
The proposed class is composed of persons who are or were employed by AIMCO as maintenance technicians or service directors, whether paid by the hour or salaried. The action alleges that these employees are expected to respond to tenants' service requests, typically within 30 minutes, and often between 5 p.m. and 7 a.m. In larger communities owned by the company, the employees frequently receive at least three to five service calls during each period that they are on-call. Allegedly, the workers are not paid while they are on-call, and are frequently not even paid for the service calls that they make. Because the workers are "engaged to be waiting" when they are on-call, the action alleges that they should be paid normally, or if they have already worked a full 40-hour workweek, they should be paid overtime. The action further alleges that maintenance employees who were salaried were in actuality hourly-paid employees, and as such should have been compensated for overtime work. The named plaintiff in the action, William Chase, allegedly worked as an hourly-paid maintenance technician at an AIMCO property in Washington, D.C. called the Fairmont I & II. Other named plaintiffs have allegedly worked at AIMCO facilities located in Greenbelt, Maryland; Antioch, California; and Freehold, New Jersey; reflecting that the policy they challenge has operated nationwide. Because the federal Fair Labor Standards Act requires potential class members to opt in to the action, class members should contact class counsel as soon as possible. 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 The University of Washington has agreed to settle a class-action lawsuit over faculty salaries. The case claimed that the UW's decision not to grant a general salary increase to its faculty in May 2002 had violated a salary policy adopted two years earlier.
If the tentative settlement is approved by the King County Superior Court, eligible faculty members will receive a two percent salary increase and a share of a negotiated one-time payment of $17.45 million for back pay and interest. The cash payment will also be used to pay the plaintiffs' attorneys' fees and other expenses. The amount individual eligible faculty members receive will be based on their total earnings since 2002. A class action has been filed on behalf of home health care workers employed by Mentor, Inc., a Tulsa based provider of home health services. The suit alleges that workers employed at Mentor between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney’s fees and costs, as well as liquidated damages and equitable relief. Texas law dictates that police officers get the same amount of vacation time as other public employees. The court has approved the parties' $90,000 settlement in a class action filed against the city of Fort Worth, Texas, on behalf of current and former police officers employed by the city between November 10, 1996, and November 10, 2000. Eligible officers should contact class counsel for information on how to take part in the settlement.
A national collective action was filed in Florida on 2/2/2004 against lending giant, Oak Street Mortgage, LLC. The action was brought on behalf of all current and former loan officers, who since February 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action was brought under the federal Fair Labor Standards Act and seeks back pay, 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. On 5/18/2004, the Magistrate Judge recommended conditionally certifying a class of all loan officers employed by Oak Street at one of its branch offices located in Greenville, South Carolina, Atlanta, Georgia, St. Petersburg, Florida or Ocala, Florida. A class action lawsuit has been filed in U.S. District Court against Pacificare of California. The case involves violations of Federal employee benefits 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 company is caught engaging in anticompetitive behavior, either state or federal antitrust law may be used against it. A class action has been filed against Medco Health Solutions, Inc. and Merck & Company on behalf of California pharmacists, who allege that the companies engaged in anticompetitive behavior in violation of state antitrust law. |
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