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Case ID: 2953 | Employment | 09/01/2004
A class action has been filed against Fujitsu America, Inc. and the Fujitsu Group 401(k) Plan on behalf of former employees of Fujitsu American subsidiaries who (1) were participants in the plan, (2) were laid off after more than three years of service, and (3) forfeited any portion of their account balances as a result of a January 2002 amendment that eliminated reduction-in-force vesting for employees of Fujitsu America subsidiaries. The action alleges that Fujitsu America violated the federal Employee Retirement Income Security Act (ERISA) when it amended the plan. The action seeks reinstatement of all forfeited employee contributions, plus corporate matching contributions.
The action alleges that Fujitsu America violated a section of ERISA that requires any amendment changing a plan's vesting schedule to offer participants with more than three years of service an opportunity to vest under the old schedule. Fujitsu America also allegedly violated its fiduciary duties to plan participants by administering the plan in accordance with the illegal amendment. Based on the information obtained so far in this litigation, it appears that the amendment may only have affected employees of Fujitsu Network Communications. If you are an employee of another Fujitsu subsidiary and believe that you may have been affected by this or a similar plan amendment, please contact counsel for the plan participants. 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 nationwide class action has been filed against United Parcel Service, Inc., on behalf of current and former UPS employees who allege that the company illegally terminates certain employees because it disapproves of their prescription medications. The action alleges that the terminations violate the federal Americans with Disabilities Act. A class action lawsuit has been filed in the Southern District Court of Florida against Hecny Transportation, 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 class action lawsuit has been filed in the Southern District Court of Florida against La Estancia Aventura, 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. An employee stock ownership plan is an employee benefit plan that makes the employees of a company owners of stock in that company. A class action has been filed against safe- and vault-maker Mosler, Inc., and four company executives on behalf of former employees who participated in the company's employee stock ownership plan who allege that the executives breached their fiduciary responsibilities to the employees as stockholders, causing a drastic reduction in the value of company stock and a resultant decrease in value of the plan, in violation of state securities law.
The complaint alleges that security officers employed by the Florida company were routinely denied overtime pay regardless of how many hours they were required to work. The federal Fair Labor Standards Act (FLSA) requires employers to pay employees overtime of time and one-half the normal rate for all hours in excess of 40 in a single workweek. Aquila Benefit Plan Participants Say They Should Have Been Warned About The Company's Troubled Stock A class action has been filed on behalf of current and former employees of energy distributor Aquila, Inc. (NYSE: ILA) who participated in its Retirement Investment and Stock Purchase plans between January 1, 1999 and May 5, 2004. The suit alleges that Aquila induced plan participants to make significant investments in Aquila stock through misrepresentations regarding the financial status of the company, in violation of the Employee Retirement Income Security Act (ERISA). |
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