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Case ID: 2725 | Employment | 09/23/2003
A class action has been filed against Airtouch Cellular of California, Verizon Wireless Services, LLC, and Cellco Partnership on behalf of current and former Verizon sales employees who have worked in a California-based telemarketing center or retail outlet, alleging that the company compels them to return commissions on failed wireless subscriptions and also fails to calculate overtime pay properly, in violation of California unfair business practices and labor laws. The action seeks a return of all commissions taken away and compensation for unpaid overtime apparently from March 6, 1999, to the date that the companies stop their wrongful actions.
Allegedly, Verizon takes back the full commissions that are earned for cellular subscriptions when customers cancel within one year from the date of sale. Verizon does this even though it also allegedly collects no less than a $175 penalty from customers pursuant to a liquidated damages clause in their contracts. Allegedly, company policy states that these recissions, called chargebacks, are to be deducted from the next available paycheck, leaving many employees in debt to Verizon when they begin each new month. The action alleges that Verizon can actually make more profits if a customer cancels than if they don't, since the company gets whatever monthly payments came through the contract, the liquidated damages penalty, and the salesperson's entire commission. The action alleges that Verizon calculates overtime wages based only on the per-hour wages and does not consider commissions when paying overtime, contrary to applicable law.
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 statewide collective action has been filed in Florida against Daly Etc., Inc. who are doing business as the Greenbriar Restaurant. The action is brought on behalf of all current and former employees, who since January 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 class action has been filed in Texas against petro-chemical giant Chevron Phillips Chemical Company, LP on behalf of all past and present female managers--apparently nationally--of the company who have experienced discrimination based on their sex. The managers claim that Chevron has systematically discriminated against them, violating both federal and Texas civil rights laws. The managers are seeking compensatory damages, back and front pay, injunctive relief and liquidated damages.
A statewide class and collective action has been filed in New York against payroll giant, Paychex, Inc. The action is brought on behalf of all current and former employees who, since December 22, 1997, worked in either inside insurance sales or payroll service sales and were not paid overtime compensation. The action is brought under both New York labor law and the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants are required to voluntarily "opt-in" to be a considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A statewide collective action has been filed in Florida against A.M.A. Pretzels II, Inc., who conduct business under the name Auntie Anne's Pretzels. 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 Sabal Palm Nursery and Day Care Center, Inc. who operate under the name Flavors of Italy.
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.
The parties have reached a proposed $1.33 million settlement of a class action against Lane Bryant, Inc. on behalf of all persons who were employed as a store sales manager at a Lane Bryant store in California at any time between October 27, 1997, and July 7, 2003. To recover under the settlement, class members must submit a claim form postmarked no later than September 23, 2003. |
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