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Case ID: 2809 | Employment | 07/23/2004
A class action has been filed against McDonald's Corporation alleging that the fast food giant has been systematically terminating employees aged 40 or more in its Atlanta region restaurants. The action asserts that McDonald's released class members based strictly on age while retaining younger, less experienced employees. The former employees are seeking back pay, reinstatement to their positions, liquidated damages equal to their back pay and lost wages, injunctive and declaratory relief, attorney's fees, costs and interest.
Under the federal Age Discrimination in Employment Act, an employer cannot terminate, refuse to promote or treat unequally an employee based on the employee's being 40 or more years of age. McDonald's underwent a "reduction in force" in October 1991 when the workforce was curtailed in an effort to streamline operations. The action alleges that, while class members were more experienced and better qualified than younger employees, younger employees were offered advancements while class members were terminated. Additionally, vacant positions that could have been filled by class members in a lateral change allegedly were not offered to them, but were given to younger employees. Finally, class members allege that their employee performance reports were manipulated in an effort to justify their termination and further McDonald's alleged plan of eliminating older employees. 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 has been filed against Morgan Buildings & Spas, Inc., a manufacturer of buildings, spas and pools located in Texas, for violation of the Fair Labor Standards Act (FLSA). The complaint alleges that the Company did not pay employees for overtime hours worked over 40 according to FLSA regulations. The action seeks compensation for unpaid back wages, liquidated damages, costs of the suit, interest and attorneys fees. The class has been certified in an action filed against TGF Precision Haircutters, Inc., and Brelian, Inc., on behalf of all current and former TGF hair stylists and receptionists who worked at any time between September 10, 2000, and the present. The action alleges that the company violated the federal Fair Labor Standards Act, and seeks damages for class members to pay them for periods that they were forced to work off the clock, plus punitive damages. Persons qualified to take part in the action must contact the attorneys for the class on or before October 19, 2004, to prevent forfeiture of benefits because of the operation of federal statutory deadlines. A class action lawsuit has been filed in the Southern District Court of Florida against Ross Stores, Inc. The case involves violations of the Fair Labor Standards Act which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. 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 collective action has been filed in Alabama against the Oxford City Board of Education 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 damages.
Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin and protects employees who complain about such offenses from retaliation. A class action has been filed against Mitsubishi Motor Manufacturing of America, Inc., on behalf of black and Hispanic employees at the company's Normal, IL, plant who allege that Mitsubishi has continued to allow a hostile work environment to exist even after a prior racial discrimination action was settled for $3.2 million in 2001.
A statewide collective action has been filed in Florida federal court against DSI Delivery Corporation. The action is brought on behalf of all employees who (1) worked overtime hours for which they were not compensated or (2) were not paid minimum wage. The drivers are seeking back pay as well as statutory and liquidated damages. The action is brought under the federal Fair Labor Standards Act, Florida labor laws and Florida contract law.
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