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Case ID: 3103 | Employment | 01/27/2004
A statewide collective action has been filed in Florida against HospiceCare of Southeast Florida, Inc. and Susan Telli, executive director of HospiceCare. The action is brought on behalf of all Florida residents who are either currently, or have been since January 5, 2001, employed by HospiceCare and were not paid overtime compensation. The action is brought under the federal Fair Labor Standards Act and seeks statutory, compensatory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the case in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants in this case.
This action arises from what employees assert is an intentional and willful course of conduct on the part of HospiceCare to deny hourly employees proper overtime compensation. According to the employees, they were often called upon to work in excess of 40 hours per week, but were not paid proper statutory overtime by HospiceCare. Under the federal Fair Labor Standards Act, all "non-exempt" hourly employees are entitled to payment at the rate of time and a half for all hours worked in excess of 40 per week. "Non-Exempt" employees are traditionally those who work on an hourly basis as opposed to a salaried basis and generally do not perform managerial tasks. The employees allege that under the definitions of the Fair Labor Standards Act they were "non-exempt" and entitled to statutory overtime. Additionally, the employees allege that because HospiceCare did not keep accurate accounting records of employees' time on the job, and intentionally failed to pay them proper overtime, they are entitled to liquidated damages under the 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 A nationwide class/collective action has been filed in California against truck stop Giant, Pilot Travel Centers, LLC and its parent company, Pilot Corporation. The action is brought on behalf of all general managers, co-managers, operations managers, sales managers, guest service managers, and human resource managers who since December 11, 1999, in California and December 11, 2000, nationwide were denied overtime compensation by Pilot. The action is brought both under the federal Fair Labor Standards Act and the California labor and business professions codes and seeks back pay, liquidated damages and statutory penalties as well as declaratory and injunctive relief. The action is both a class action, for violations of California law, and a collective action under the federal Fair Labor Standards Act. Those residing outside of California who wish to be considered for the action must "opt-in" voluntarily to be considered a claimant. The managers have requested the court give notice to all potential claimants. A class action lawsuit has been filed in the Southern District Court of Illinois against Jack in the Box, Inc. 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. Employee stock option plans can be an effective investment if they are managed correctly. The class has been certified in an action filed against manufacturer Amsted Industries, Inc. on behalf of non-retired employee stock ownership plan participants who allege that the company's trustees and administrators violated the federal Employee Retirement Income Security Act by improperly reducing the benefits obtainable by participants. Eligible employees may contact the class attorneys for further information.
A class action lawsuit has been filed in the District Court of Massachusetts against American Music Group, Inc. for violations of the Fair Labor Standards Act (FLSA). Class members seek to recover unpaid minimum wages, overtime compensation, liquidated damages, attorneys' fees and costs. A class action lawsuit has been filed in the Southern District Court of Florida against JR’s Better on A Bagel Boca, 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. Federal law calls employers who maintain retirement plans for their employees to act as trustworthy fiduciaries. A class action has been filed against Sears Roebuck & Company on behalf of participants in Sears’ 401(k) plan who allege that the company violated the federal Employee Retirement Income Security Act by failing to disclose nonpublic information about its financial condition. |
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