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Case ID: 3170 | Employment | 02/19/2004
A statewide collective action has been filed in Massachusetts against the Town of Agawam and the Agawam Police Department. The action is brought on behalf of all Agawam police officers who have not been paid proper overtime compensation for all hours worked in excess of 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory damages, liquidated damages and injunctive and declaratory relief. As a collective action, all potential claimants are required to "opt-in" to the case in order to be considered a part of the class. The officers have requested that the court issue notice to all potential claimants.
According to the officers, Agawam willfully and intentionally fails to pay its police officers proper overtime pay under the Fair Labor Standards Act. Under the Act, all hourly "non-exempt" employees are entitled to a minimum of time and a half for all hours worked beyond 40 per week. The officers, who are paid hourly, claim they are "non-exempt" and are entitled to overtime compensation. According to the officers, they are required to attend roll-call on a daily basis. They are not on the clock at roll-call and therefore the time spent at this daily activity does not accrue to their weekly hours. Agawam pays the officers a yearly lump sum to compensate them for all roll-call hours. However, the officers claim that this lump sum is calculated based on their standard rate of pay, and not as overtime hours. The officers claim that all roll-call hours are in fact overtime, and they are entitled to the statutory time and a half for roll-call hours. Additionally, the officers claim that their base rate of pay is not being calculated correctly. Under an incentive program, officers are rewarded bonuses for each hour accumulated toward a college degree. They are paid these bonuses, but these bonuses are not included in their base pay calculation. The officers assert that when overtime is calculated, all bonuses must be included in their base pay. 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 statewide collective action has been filed in Florida against Jupiter Animal Hospital, 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. A national collective action was filed in Florida on 2/2/2004 against lending giant, Oak Street Mortgage, LLC. The action was brought on behalf of all current and former loan officers, who since February 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action was brought under the federal Fair Labor Standards Act and seeks back pay, 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. On 5/18/2004, the Magistrate Judge recommended conditionally certifying a class of all loan officers employed by Oak Street at one of its branch offices located in Greenville, South Carolina, Atlanta, Georgia, St. Petersburg, Florida or Ocala, Florida. 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. A statewide collective action has been filed in Alabama against Lowes Companies, Inc. The action is brought on behalf of all hourly and salaried employees of Lowes that have worked beyond 40 hours per week without proper overtime compensation. 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, each potential claimant is required to "opt-in" in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A collective action has been filed in Florida against data processing giant, NCCI Holdings, Inc. The action is brought on behalf of all hourly employees who were not paid overtime compensation by NCCI for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants must "opt-in" in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A class action lawsuit has been filed in the Southern District Court of Florida against Paradise Entertainment Corporation. 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. |
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