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Case ID: 2767 | Employment | 12/27/2004
The class has been certified in an action filed against Computer Associates International, Inc. and Computer Management Sciences, Inc. on behalf of participants in Computer Management Sciences' employee stock ownership plan (ESOP) who allege that Computer Associates' trustees and administrators violated the federal Employee Retirement Income Security Act by failing to diversify the assets in Computer Management's employee stock ownership plans. The action seeks unspecified compensatory damages.
Named plaintiff Steven Babcock worked at Computer Management from 1991 until 1998. During that time, he participated in the company's employee stock option plan. In 1998, Computer Associates acquired Computer Management and began operating and administering Computer Management's ESOP. In 1998, the ESOP allegedly sold all of its Computer Management stock and invested the proceeds in a money market fund. The action alleges that the ESOP did not create alternative investments or permit the participants to redirect their investments, as permitted by the ESOP's terms. The class is composed of individuals who were participants in Computer Management's ESOP at any time on or after January 1, 1998. The court limited the class action's claims to the following issues: (1) whether Computer Associates failed to provide class members with the proper investment opinions under the ESOP; (2) whether the company failed to diversify the ESOP's assets after the Computer Management stock was sold in March 1999; and (3) whether the company failed to provide ESOP participants with their benefits in a timely fashion under the ESOP. 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 Lowe's Companies, Inc., a North Carolina based home improvement store with 1,000 stores in 45 states, for violations of the Fair Labor Standards Act (FLSA). Class members seek an order enjoining the Company from continuing their current pay policies, compensatory damages, attorney's fees, interest and costs. A statewide collective action has been filed in Florida against the Asplundh Construction Corporation. The action is brought on behalf of all Florida residents who are either currently, or have been, employed by Asplundh as hourly wage earners and who have not been paid overtime by the company for all hours worked beyond 40 per week. The employees are seeking back pay, statutory damages
as well as liquidated damages, injunctive and declaratory relief. As a collective action, all potential claimants are required to voluntarily "opt-in" in order to be 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 Pepsi-Cola Bottling of Ft. Lauderdale-Palm Beach, Inc. The action is brought on behalf of all current and former Florida employees who, since November 24, 2000, did not receive overtime compensation as required for all hours worked in excess of 40 weekly. The action is brought under the federal Fair Labor Standards Act and seeks back-pay, compensatory damages, liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants must 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 claimants. The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, or national origin in any public establishment, if that establishment has a connection to interstate commerce. A national class action has been filed against the Boeing Company and the McDonnell Douglas Corporation by African-American employees who allege the airplane manufacturers violated the Civil Rights Act of 1964 by discriminating against them based on their status as African-Americans. 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. The parties have reached a tentative $538,000 settlement in a class action filed against clothier The Gap, Inc. on behalf of African-American employees who were employed at the Gap's Gallatin, Tennessee, campus between October 7, 1999, and September 12, 2003. The action alleged that they were discriminated against in violation of the federal Civil Rights Act of 1964 and the Tennessee Human Rights Act. Persons eligible to participate in the action should contact the class attorney for more information.
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