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Case ID: 3130 | Employment | 02/06/2004
A statewide collective action with possible national reach has been filed in West Virginia against credit card customer service giant, Applied Card Systems, Inc. The action is brought on behalf of all West Virginia employees of Applied who were not paid proper overtime compensation 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 injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the action in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants.
According to employees, Applied Card Systems has engaged in a willful, intentional and systematic practice of violating the federal Fair Labor Standards Act. The employees, the majority of which are telephone customer service representatives, claim that they are called upon to work beyond 40 hours a week on a regular basis, but are not compensated for the majority of these hours. According to employees, they are required to arrive early at work daily to prepare for their shift. During this period of time, they check interoffice e-mail, power up their computer and telephone systems, review their client lists, etc. However, the employees claim that all of this work is off of the clock and that they are only paid for time actually spent on the phone with a customer. The employees additionally claim that this time is rounded in favor of Under the federal Fair Labor Standards Act, all "non-exempt" hourly employees are entitled to a minimum of time and a half for all hours worked beyond 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not perform managerial or executive tasks. All potential claimants in this action assert that they were "non-exempt" and are entitled to overtime compensation. They further claim that because Applied's actions were willful, they are entitled to liquidated damages under the act. Applied Credit Systems employs over 2500 people and is located nationwide, with telephone centers in West Virginia, Pennsylvania and Florida. The employees claim that these actions are uniform and occur at all locations. 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 International Business Machines Corporation, (IBM) faces a lawsuit that was filed in federal court for allegedly not paying overtime to tens of thousands of rank-and-file employees. A class action lawsuit has been filed in the Southern District Court of Florida against Quality Consulting, LLC (DBA Cross Pointe Care Center. 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. A class action lawsuit has been filed in United States District Court against Conference USA. The case involves violations of federal labor law regarding age discrimination. 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 Poinciana Management, 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. We still don't know who sent those two letters filled with anthrax that killed two U.S. Postal workers in Washington, D.C. A $100 million class action has been filed against the U.S. Postmaster General John E. Potter and several other administrative personnel at the U.S. Postal Service processing and distribution center on Brentwood Road in Northeast Washington on behalf of Brentwood postal workers who allege that their Fifth Amendment right to due process of law under the U.S. Constitution was violated when they were exposed to anthrax but not treated in the same efficient manner as victims on Capitol Hill who were exposed when a letter containing the deadly virus was opened in the office of Senator Tom Daschle on October 14, 2001. A statewide collective action has been filed in Florida against Latite Roofing and Sheet Metal Company, Inc. The action is brought on behalf of all current and former employees, who since April 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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