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Case ID: 3200 | Employment | 03/02/2004
A statewide collective action has been filed in Florida against K M Contracting, Inc. The action is brought on behalf of all hourly employees of K M who were not paid proper overtime compensation and were not paid full wages as owed by K M. The action is brought under the federal Fair Labor Standards Act and seeks statutory, liquidated and double damages as well as 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 member of the class. The employees have requested that the court issue notice to all potential claimants.
According to employees, K M Contracting has willfully and intentionally violated the provisions of the Fair Labor Standards Act. The employees, most of which were employed as cable installers, claim that K M violated the act in two ways. Initially, the employees claim that K M has no provisions in place to pay employees overtime compensation. Under the 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. The employees claim that they were non-exempt laborers and entitled to overtime. However, the employees assert that K M did not pay overtime as a matter of corporate policy. The employees' second claim is that K M retained some of their wages after they were no longer employed by K M. According to the employees, it is K M's policy to retain employees first two weeks of wages. Additionally, when the employees left, they allege that they were not paid their final paychecks, or the wages retained from their first two weeks on the job. Under the Fair Labor Standards Act, all employees are entitled to payment of final wages promptly upon resignation or termination. 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 was filed against Tata America, a subsidiary of the Tata Group, claiming the company routinely forced workers to hand over federal and state tax refunds. Gopi Vedachalam, a Tata America employee, filed the lawsuit in the District Court in San Francisco against Tata America International Corporation, its parent Tata Consultancy Services Ltd, as well as Tata Sons, Ltd. A class action lawsuit has been filed in the Southern District Court of Florida against CW Lobster Company, LLC. 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.
Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin and protects employees who complain about such offenses from retaliation. A class action has been filed against Mitsubishi Motor Manufacturing of America, Inc., on behalf of black and Hispanic employees at the company's Normal, IL, plant who allege that Mitsubishi has continued to allow a hostile work environment to exist even after a prior racial discrimination action was settled for $3.2 million in 2001.
A statewide collective action has been filed in Florida against HospiceCare of Southeast Florida, Inc. and Susan Telli, executive director of HospiceCare. The action is brought on behalf of all Florida residents who are either currently, or have been since January 5, 2001, employed by HospiceCare and were not paid overtime compensation. The action is brought under the federal Fair Labor Standards Act and seeks statutory, compensatory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the case in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants in this case. A class action lawsuit has been filed in the Western District Court of Washington against CPM Development Corporation (DBA Icon Materials), a Washington state based paving business for violations of the wage, hour, and labor laws and regulations of the State of Washington. Class members seek damages, attorney's fees and costs of the litigation. A nationwide class action has been filed against parcel delivery giant UPS on behalf of disabled workers. The lawsuit alleges that UPS engaged in company-wide violations of the federal Americans With Disabilities Act. The plaintiffs seek a permanent injunction barring UPS from engaging in discriminatory employment practices and the implementation of policies that provide equal opportunities for disabled workers. |
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