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Case ID: 2856 | Employment | 07/26/2004
A class action has been filed against Major League Baseball Commissioner Bud Selig and 30 baseball teams on behalf of former major-league players with short careers who allege that they were wrongfully denied pension and medical benefits and discriminated against because they were white, in violation of federal civil rights laws. The action seeks compensatory medical and pension benefits for players who played for less than five years prior to 1980.
Former New York Mets starting shortstop Richard Moran; Ernie Fazio, the first player signed by the Houston Astros franchise; and former Chicago White Sox player Mike Colbern are the three named plaintiffs. More than 1,000 other players are proposed members of the class. The action alleges that the vesting requirement for two benefits--full comprehensive medical benefits for life, and full pension benefits--were changed after the 1981 eight-day players' strike. The requirements were allegedly reduced from four years to one day of major-league service for medical benefits, and from four years to 43 days of service for full pension benefits. The change allegedly excluded players who played before 1980. Prior to the 1981 agreement, a 1968 collective bargaining agreement had set the vesting requirement for pension and medical benefits at five years of service. The action also contains allegations of battery and negligence related to claims that major league baseball teams directed doctors and trainers to inject players with multiple cortisone shots to mask pain, without informing players of the dangers inherent in steroid use. Racial discrimination allegations stem from baseball's decision in 1997 to grant a $10,000 annual pension to some former black players who played in the Negro League and for major-league teams, even though those players never vested under the former requirements. The action alleges that retired white players who would otherwise not get benefits should be awarded the same benefits as their counterparts in the Negro League. The action alleges that team owners conspired to fund the pension and medical benefits for the former Negro League players knowing that white players who had played similar lengths had not received those benefits. The proposed class members include some notable players--among them, Pat Darcy, 53, the former Cincinnati Reds pitcher who gave up the home run to the Boston Red Sox's Carlton Fisk in Game 6 of the 1975 World Series--arguably one of the most famous home runs in World Series history. 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 Affordable Dental Center of South Florida, Inc. The action is brought on behalf of all current and former hourly employees of all Florida Affordable Dental Centers, who since May 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. Doctors are finding out that the system sometimes treats them as badly as it does patients. A class action has been filed against the Connecticut State Medical Society Independent Practice Association on behalf of Connecticut physicians who allege that the organization has been withholding 20% of the physician's pay since 1987, in violation of its contracts with them. A class action has been filed on behalf of home health care workers employed by the Gatesway Foundation, a Tulsa based provider of home health services. The suit alleges that workers employed at Gatesway 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. A class action lawsuit has been filed in the Southern District Court of Ohio against Maxim Health Systems, LLC, a health care company who employs more than 56,000 clinicians, allied health professionals, physicians and administrative personnel in cities across the US, for violations of the Fair Labor Standards Act (FLSA) 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. Class members seek to recover unpaid overtime compensation, liquidated damages, attorney's fees and costs of the litigation.
The parties have reached a tentative $21 million settlement in a class action filed against the Morrison Knudsen Savings Plan, the Morrison Knudsen Corporation Employee Stock Ownership Plan, other various corporate defendants, and 29 individual defendants on behalf of all current and former participants of the Savings Plan who held shares of Morrison Knudsen stock in their savings plan accounts on or after July 19, 1994, and all individuals who were participants of the Morrison Knudsen Employee Stock Ownership Plan on or after July 19, 1994. The settlement notice does not indicate a claims deadline— persons eligible to take part in the settlement should contact the attorneys for the class for more information. A class action lawsuit has been filed in the Southern District Court of Florida against the Tropical Island Restaurant, LLC. The case involves violations of the Fair Labor Standards Act. 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. |
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