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Case ID: 3154 | Employment | 08/19/2004
The parties have reached a tentative $3.5 million settlement in an action filed against Borders, Inc. (apparently the proper defendant should have been the Borders Group, Inc.) on behalf of assistant managers who worked in California Borders Bookstores between April 10, 1996, and March 18, 2001. The action alleged that the company violated state law when it failed to pay them overtime. Eligible persons should contact the class attorneys for more information.
The employees alleged that they were classified as managers exempt from overtime, but the majority of their workday was spent performing non-management tasks. They were allegedly entitled to overtime pay because of the way California law interprets managerial exemptions from overtime. The assistant manager position was eliminated in February 2001, after Borders reorganized the staffing of its stores nationwide. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for April 16, 2004. 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 class action lawsuit has been filed in the Northern District Court of Texas against Zale Corporation, a Texas based diamond store and jeweler, for violations of employment law, specifically for racial discrimination. Class members seek declaratory judgment, damages, attorney's fees and costs. A group of six current female executives filed a class action gender discrimination case in the Southern District of New York against Dresdner Kleinwort Wasserstein ("DrKW"), a German investment bank, whose parent company is Dresdner Bank AG, a member of the Allianz Group. The six current executives have been with DrKW for a total of 50 years. Marriott Corporation was hit by employee lawsuits on two fronts, accused of violating San Francisco's minimum-wage ordinance and of discriminating against older sales managers who failed to fit the company's purported goal of a younger, hipper image.
The wage suit was filed in San Francisco Superior Court by four employees of the downtown Marriott Courtyard as a proposed class action on behalf of affected workers at all seven company-affiliated hotels in the city, including the San Francisco Marriott, the Stanford Court and the Ritz-Carlton.
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 collection action has been filed against the Puerto Rico Federal Affairs Administration and several of its employees on behalf of all employees of the administration who were not paid overtime compensation or minimum wage or were wrongly terminated after complaining to the administration about these payment discrepancies. The action is brought under the federal Fair Labor Standards Act and is seeking unpaid wages, statutory damages, and declaratory relief.
A class action lawsuit has been filed on behalf of loan originators at Kansas based Bank of Blue Valley, Inc. The loan originators claim that they were supervised, treated, and controlled in the same manner as employees, and required to work hours far in excess of 40 per week. Notwithstanding this, the originators claim, they were paid as independent contractors on a commission basis and the amounts paid were far less than what would be required for employees, for straight pay and overtime, under federal labor laws. The loan originators seek back pay and other damages. |
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