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Case ID: 3044 | Employment | 01/07/2004
A statewide class action has been filed in Indiana against the Frosty Management Corporation. The action is brought on behalf of all Indiana residents who are currently, or who have been, employed by Frosty as assistant managers and who have not received overtime compensation during their employment with Frosty. The action is brought under the federal Fair Labor Standards act and seeks back pay and liquidated damages as well as injunctive and declaratory relief.
According to the assistant managers, Frosty Corporation, which owns and operates many fast food restaurants throughout the state of Indiana, pays its assistant managers on a salaried basis. However, the assistant managers claim that they are not true exempt salaried employees and are entitled to overtime compensation for hours worked in excess of 40 per week. The assistant managers claim that they are called upon to work beyond 40 hours a week on a regular basis and that Frosty's policy of paying them on a salary basis is a systematic and intentional plan to circumvent the federal requirement that they be paid time and a half for all hours worked in excess of 40 per week under 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 Bank of America Corporation, the second largest American bank, agreed to pay as much as $9 million to settle a lawsuit brought by California loan department workers who claimed they had wrongly been denied overtime pay. A collective action has been filed in South Carolina against the Berkeley County School District. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages.
Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin and protects employees who complain about such offenses from retaliation. A class action has been filed against Mitsubishi Motor Manufacturing of America, Inc., on behalf of black and Hispanic employees at the company's Normal, IL, plant who allege that Mitsubishi has continued to allow a hostile work environment to exist even after a prior racial discrimination action was settled for $3.2 million in 2001.
A class action lawsuit has been filed in federal court against Chicago based Greenwood Terrace Nursing and Rehabilitation. 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. Wal-Mart became the target of another class-action lawsuit, filed by advocates for workers in six countries who charged the company overlooks labor abuse at factories run by its suppliers.
The lawsuit, filed in California Superior Court in Los Angeles, lists as plaintiffs 15 workers in Bangladesh, Swaziland, Indonesia, China and Nicaragua. The lawsuit claims they were paid below minimum wage in their country, forced to work unpaid overtime and in some cases even endured beatings by supervisors. It asserts that Wal-Mart failed to enforce worker treatment provisions of its contracts with suppliers. A statewide collective action has been filed in Florida against Melco Electric, Inc. The action is brought on behalf of all current and former employees, who since March 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.
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