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Case ID: 2935 | Employment | 07/27/2004
A statewide collective action has been filed in Texas against Nestle Waters North American, Inc. on behalf of all delivery drivers who have worked for the company in Texas and have not been paid overtime for hours worked in excess of 40 a week. The action is brought under the federal Fair Labor Standards Act and seeks liquidated damages and back pay for the drivers.
This action arises from what drivers allege is an intentional and willful violation of the Fair Labor Standards Act. Under the act, an employer is required to pay non-exempt employees (exempt employees include those classified as having executive, administrative or outside sales responsibilities) time and a half for all hours worked in excess of 40 weekly. The drivers claim that they are not employed in any exempt capacities--they are paid an annual salary of $32,000 regardless of how many hours worked and their primary job responsibility is to deliver orders that are phoned in to the company's call center. According to the drivers, they are frequently called upon to work well in excess of 40 hours a week--time for which they are not compensated. This, according to the drivers, amounts to a willful violation of federal law on the part of Nestle Waters. This action is a collective action and therefore all potential claimants must "opt in" or join the suit. The drivers have requested that the court issue notice to all potential claimants. 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 Kahn Gauthier Swick, LLC is investigating the financial losses suffered by employees and former employees of Zale Corporation (NYSE:ZLC) who participated in the company's 401(k) plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). A class action has been filed on behalf of workers at the Huntington, West Virginia call center once operated by Telespectrum Worldwide, Inc. The complaint alleges that the surprise closing of the call center violated the federal Worker Adjustment and Retraining Notification (WARN) Act and caused damage to the plaintiffs. The lawsuit seeks financial and other damages on behalf of the entire class. State Farm Insurance Company claims adjusters stand to gain about $135 million under a class action settlement approved January 17, 2005 by Los Angeles Superior Court Judge Anthony Mohr, an attorney for the plaintiffs said. The statewide class of adjusters sued for unpaid overtime. Plaintiffs attorneys said many adjusters will be receiving back payments in excess of $50,000. NorthWestern Corporation d/b/a NorthWestern Energy reached a preliminary settlement agreement with the City of Livonia Employees' Retirement System regarding a class action lawsuit filed in November 2005. A class action lawsuit has been filed in United States District Court for the District of Delaware against Fresh Cut Lawn Service, Inc.. The case involves violations of federal labor law. 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 class action lawsuit has been filed in the Northern District Court of Ohio against RR Donnelly (formerly Moore-Wallace North America, Inc.) for violations of the Employment Retirement Income Security Act (ERISA). ERISA is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.
Class members seek a determination that the Pension Plan was discontinued on or about December 31st, 2000 and terminated on June 4th, 2001 and that the members of the class are entitled to the surplus assets remaining in the pension fund after the satisfaction of all defined benefit Plan liabilities.
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