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Case ID: 3190 | Employment | 03/01/2004
A collective action with apparent national reach has been filed in Alabama against Sanders Oil Company. The action is brought on behalf of all persons employed by Sanders since February 1994, as assistant managers. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered a member of the class. The managers have requested that the court issue notice to all potential claimants.
According to the assistant managers, Sanders has engaged in a long standing, willful policy of denying overtime compensation to assistant managers. They allege that Sanders has facilitated this denial by paying assistant managers on a weekly salaried basis. However, the assistant managers claim that they perform little or no actual managerial duties. The majority of their duties are allegedly no different than those of a regular hourly employee. These duties apparently include working the cash register, sweeping and mopping, changing the gas prices, stocking shelves, cleaning the parking lot, emptying trash etc. The assistant managers claim that they have no authority to hire, fire or write up their employees and that they have no decision making authority whatsoever. The assistant managers claim that they are, in reality, merely managers by title. They claim that they should be considered "non-exempt" employees under the Fair Labor Standards Act and should be entitled to overtime. Under the Fair Labor Standards Act, all "non-exempt" employees are entitled to a minimum of time and a half for all hours worked beyond 40 per week. The assistant managers assert that they regularly work in excess of 40 hours per week. Additionally, the assistant managers claim that Sanders has engaged in this activity for a minimum of 10 years, and their continuing conduct prevents Sanders from raising a statute of limitations claim. 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 The federal Fair Standards Labor Act requires that most hourly employees be paid overtime wages if they work more than 40 hours in a normal workweek. A nationwide class action has been filed against drugstore chain operator CVS RX Services, Inc., on behalf of current and former pharmacist employees who allege that the company has not paid them overtime for hours they work in excess of their normal 40-hour workweek, in violation of the Fair Labor Standards Act. Qualified employees should join the action as soon as possible to prevent forfeiture of benefits because of the operation of federal statutory deadlines.
Federal civil rights laws prohibit discrimination based on gender, age, race, and national origin. On August 4, 2003, the court granted final approval to the parties' $1.5 million settlement in an action filed against Colorado Central Station Casino operator Anchor Coin, Inc. on behalf of Hispanic employees who allege that they were verbally harassed and subjected to "English-only" rules in violation of Title VII of the 1964 Civil Rights Act. The casino is in Black Hawk, Colorado. Eligible claimants should contact the EEOC for further information. A judge has certified a lawsuit as a class action filed by day care providers in the Eastern Washington city of Mattawa. They have accused the state Department of Social and Health Services, Grant County and the city itself of discrimination.
The lawsuit stems from a DSHS investigation into alleged overpayments of state and federal money used to subsidized child care for low-income families. That investigation led to a state auditor’s report that estimated DSHS had overpaid the women more than $800,000 because of falsified and inaccurate attendance records. A class action lawsuit has been filed in U.S. District Court for the Northern District of Oklahoma against Star Care, Inc. The case involves violations of Federal Labor law. 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. Krispy Kreme Doughnuts, Inc. (NYSE: KKD) announced that a proposed settlement has been reached resolving an ERISA class action filed on March 3, 2005 in the United States District Court for the Middle District of North Carolina against the Company and individual defendants including certain members of its Board of Directors, officers and employees. The settlement would include a one-time cash payment to be made by the Company's insurer in the amount of $4,750,000. The Company and the individual defendants deny any
and all wrongdoing and would pay no money in the settlement. A class action lawsuit has been filed in Southern District Court of Florida against the Tribune Company of Chicago. 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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