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Case ID: 2723 | Civil Rights | 09/08/2004
On September 16, 2003, the court certified a class of African American employees who work in Florida state mental institutions and who work closely with those who have been deemed criminally insane in an action seeking the "special risk" retirement benefits that police, fire fighters and correctional officers have. These employees, known as "UTRs," perform duties very similar to prison guards, often times coming in direct contact with dangerous criminals. However, they are not afforded "special risk" retirement benefits.
Special risk retirement benefits accrue at a 3% rate of pay per year, as opposed to the 1.6% rate for non-special risk. This means that after a 30 year employment period, those with special risk status will receive 90% of their final average salary upon retirement, as opposed to 48%. According to the plaintiffs' data, roughly 77% of the employees who are primarily responsible for restraining, cleaning and feeding the residents at state hospitals are black. An equal percentage of employees who have little contact with the residents, such as dietitians, pharmacists and psychologists, are white. However, those employees receive special risk compensation. The Florida legislature has continued to expand the definition of special risk, but has also repeatedly denied this status for UTRs.
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 Civil Rights Cases of Interest A statewide collective action has been filed in Florida against ARPM, Inc. and H&R Concepts, LLC. 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 statewide collective action has been filed in Florida against Flood Zone Correction, Inc. The action is brought on behalf of all current and former employees, who since April 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 statewide collective action has been filed in Florida against Latite Roofing and Sheet Metal Company, Inc. The action is brought on behalf of all current and former employees, who since April 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 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 national collective action has been filed in Florida against the Eckerd Corporation. The action is brought on behalf of all past and present employees of Eckerd who are or were employed, since July 30, 2000, as photo lab managers and who were not paid overtime. The action is brought under the federal Fair Labor Standards Act and seeks back-pay, liquidated damages and injunctive
and declaratory relief. As a collective action, potential claimants must "opt-in" to the action in order to be considered part of the class. The managers have requested that the court give notice to all potential claimants in this matter.
The parties have reached a settlement apparently valued at as much as $625 million in an administrative proceeding filed against the United States Postal Service on behalf of current and former postal employees in permanent rehabilitation positions between January 1, 1992, and the present, who alleged that they were denied promotional and advancement opportunities due to discrimination on the basis of their disabilities. Persons eligible to take part in the settlement should contact the attorneys for the class for more information. |
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