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Case ID: 3182 | Employment | 02/23/2004
A statewide collective action has been filed in Florida against All Restoration Services, Inc. The action is brought on behalf of all current and former employees, who since February 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.
According to employees, All Restoration has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that All Restoration frequently required them to work well in excess of 40 hours per week. However, according to employees, the company has no provisions in place to properly compensate employees for overtime. Under the Fair Labor Standards Act, all hourly "non-exempt" employees are entitled to a minimum of time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not have managerial or executive responsibility. The employees, who were hourly laborers, claim that they are "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees also claim that because All Restoration's refusal to pay overtime was willful and intentional, they are entitled to an equal amount of liquidated damages. 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 Western District Court of Missouri against Arkansas based furniture company, Hank's Furniture, in the Western District Court of Missouri for violations of the Fair Labor Standards Act. The class seeks unpaid overtime compensation, liquidated damages, interest, attorney's fees and costs. A class action lawsuit has been filed in the Middle District Court of Florida against Global Executive Mortgage, Inc., a Florida-based mortgage company, for violations of the Fair Labor Standards Act (FLSA) 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. Class members seek unpaid minimum wages, overtime compensation, damages, attorneys' fees and costs of the litigation. A statewide collective action has been filed in Florida against the Asplundh Construction Corporation. The action is brought on behalf of all Florida residents who are either currently, or have been, employed by Asplundh as hourly wage earners and who have not been paid overtime by the company for all hours worked beyond 40 per week. The employees are seeking back pay, statutory damages
as well as liquidated damages, injunctive and declaratory relief. As a collective action, all potential claimants are required to voluntarily "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.
The federal Fair Standards Labor Act and similar state labor laws require that most hourly employees be paid overtime wages if they work more than 40 hours in a normal workweek. Two related class actions have been filed against home improvement center operator Lowe's Companies, Inc., and certain of the company's subsidiaries on behalf of current and former employees who allege that the companies did not properly calculate their overtime pay, in violation of state and federal labor laws. Qualified employees should join the action as soon as possible to prevent forfeiture of benefits because of the operation of federal statutory deadlines.
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. A company is caught engaging in anticompetitive behavior, either state or federal antitrust law may be used against it. A class action has been filed against Medco Health Solutions, Inc. and Merck & Company on behalf of California pharmacists, who allege that the companies engaged in anticompetitive behavior in violation of state antitrust law. |
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