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Case ID: 3041 | Employment | 01/21/2005
A statewide collective action has been filed in Florida against Pepsi-Cola Bottling of Ft. Lauderdale-Palm Beach, Inc. The action is brought on behalf of all current and former Florida employees who, since November 24, 2000, 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 Pepsi-Cola 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 employees assert that Pepsi-Cola has no provisions to compensate employees for overtime hours. However, they assert that they are often called on to work in excess of 40 hours a week at Pepsi-Cola's Ft. Lauderdale and Palm Beach bottling plants. According to the employees, they are hourly employees and are not exempt from earning overtime. 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 Laborers employed by Terminix International Company have filed a class action lawsuit against the nationwide extermination service and its parent company, Servicemaster. The lawsuit claims that the defendants require employees to work hours in excess of 40 per week without receiving overtime. The complaint alleges that this denial of overtime violates the federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime together with interest, costs and other damages. A class action has been filed against the United States Postal Service on behalf of employees who allege that the Service systematically and purposefully altered their electronic timeslips to avoid paying them overtime, in violation of the federal Fair Labor Standards Act, the Racketeer Influenced Corrupt Organizations Act (RICO), and the Privacy Act of 1974. The action seeks unspecified compensatory and punitive damages. Qualified employees should join the action as soon as possible to prevent forfeiture of benefits because of the operation of federal statutory deadlines. A class action lawsuit has been filed in United States District Court against United Restoration. 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. California law makes it illegal for companies to take away, or "charge back" an employee's commissions in certain circumstances. A class action has been filed against Airtouch Cellular of California, Verizon Wireless Services, LLC, and Cellco Partnership on behalf of current and former Verizon sales employees who have worked in a California-based telemarketing center or retail outlet, alleging that the company compels them to return commissions on failed wireless subscriptions and also fails to calculate overtime pay properly, in violation of California unfair business practices and labor laws.
A statewide collective action has been filed in Florida against Express Car Wash of West Boca, Inc., who operate various South Florida car washes under the name Express Car Wash. The action is brought on behalf of all current and former employees, who since February 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.
A class action lawsuit has been filed in United States District Court against Florida based Kelly Chevrolet. 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. |
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