Employees of Nicholas Financial Seek Overtime Compensation |
 |
 |
|
|
A statewide collective action has been filed in Florida against Nicholas Financial, Inc. and its President, Peter Vosatas. The action is brought on behalf of all current and former Florida employees who 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.
This action arises from what employees claim is an intentional and systematic effort on the part of Nicholas Financial to circumvent federal law by not paying its employees proper overtime compensation. Under the Fair Labor Standards Act, employees are entitled to compensation at the rate of time and a half for all hours worked in excess of 40 weekly. The majority of the potential claimants are employed as customer service representatives in the various branch offices of Nicholas Financial. According to the employees, they were compensated as exempt employees, when in fact they are hourly employees and are not exempt from earning overtime. This, they allege, is in direct violation of the Fair Labor Standards Act.
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
The parties have reached a tentative $16+ million settlement in a class action filed against New York Life insurance Company on behalf of current and former agents who contracted with New York Life before January 1, 1991. The action alleges that New York Life violated the Employment Retirement Income Security Act of 1974 by paying its “Non-Qualified Benefit” only a select group of established agents known as "Senior Nylics." Persons eligible to take part in the settlement should contact attorneys for the class as soon as possible. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against One Way International, 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 national collective action has been filed in Florida against Japanese restaurant giant, Benihana, Inc. The action is brought on behalf of all current and former employees, who since April 2001, were not paid proper statutory minimum wage for all hours worked. The action is brought under the federal Fair Labor Standards Act and seeks back pay, 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. The University of Washington has agreed to settle a class-action lawsuit over faculty salaries. The case claimed that the UW's decision not to grant a general salary increase to its faculty in May 2002 had violated a salary policy adopted two years earlier.
If the tentative settlement is approved by the King County Superior Court, eligible faculty members will receive a two percent salary increase and a share of a negotiated one-time payment of $17.45 million for back pay and interest. The cash payment will also be used to pay the plaintiffs' attorneys' fees and other expenses. The amount individual eligible faculty members receive will be based on their total earnings since 2002. A class action lawsuit has been filed on behalf of employees of baby products retailer Baby Daze, Inc., parent company of Baby Tycoon, Inc., which also does business as USA Baby. The suit alleges that the baby supply retailer routinely denied overtime pay to employees who had worked hours in excess of 40 per week. The workers are seeking back overtime pay and other damages. California labor law mandates that workers be given certain rest and meal breaks--your employer can't get around it by giving you too much work and then blaming you because you had no time. A class action has been filed against United Parcel Service, Inc. on behalf of former and current UPS drivers who allege that the company fails to provide meal and rest periods to drivers and wrongfully deducts amounts from their paychecks from February 1999 to the present in violation of California wage and hour laws.
|