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Case ID: 3207 | Employment | 03/02/2004
A national collective action has been filed in Georgia against retail giant, Sears, Roebuck & Company. The action is brought on behalf of all U.S. residents who are currently, or have been, employed by Sears as hourly workers and who have not been paid 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 back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily join the action by "opting-in" to the case. The employees have requested that the court issue notice to all potential claimants.
According to employees, Sears has engaged in an intentional and willful pattern of denying employees proper overtime compensation. The employees claim that Sears typically requires them to work in excess of 40 hours a week, but does not provide proper overtime compensation for these hours. The employees allege that Sears actually requires them to work off of the clock to ensure that they do not record more than 40 hours per week. The employees claim that they are required to work prior to their shifts commencing as well as after their shifts have ended, all off of the clock. They also claim that Sears requires them to work during their lunch hours, and deducts these hours regardless of whether the employees are working. Under the federal Fair Labor Standards Act, all hourly "non-exempt" employees are entitled to time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are those who generally work on an hourly basis and do not perform managerial or executive tasks. The employees, all who are hourly employees, claim that they are "non-exempt" and entitled to overtime. Additionally, the employees claim that because Sears' denial of overtime was willful and intentional, they are entitled to 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 federal judge in New Jersey granted class-action status to a lawsuit filed by the Owner-Operator Independent Drivers Association (OOIDA) and seven drivers against one of the largest transportation companies in the world. OOIDA, along with seven of its owner-operator members serving as co-plaintiffs, filed suit against Bridge Terminal Transport (BTT). A national collective action has been filed in Florida against Morgan Tire & Auto, Inc. The action is brought on behalf of all current and former Managers, Assistant Managers and Managers in Training who were improperly classified as exempt employees and 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 damage and back pay 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.
No matter how customer friendly the all-American the stores are, Wal-Mart's image endured another blow when Pennsylvania state court judge certified a class action suit against the multi-billion-dollar chain store for failing to give meal and rest breaks to its workers or to compensate them for time worked through those breaks. A statewide collective action has been filed in Florida against Tropical Landscape Lawn Care, 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 class action lawsuit has been filed on behalf of administrative assistants employed by cosmetics manufacturer Estee Lauder Companies, Inc. and certain of its affiliate companies. The suit alleges that Estee Lauder failed to pay its administrative assistants actual and overtime pay for all hours worked, as required by the Fair Labor Standards Act. The suit seeks actual and overtime pay, interest, and liquidated damages on behalf of the class. The parties have reached a tentative $60 million settlement in an action filed against the government of Guam on behalf of low-income workers who alleged that the local government failed to correctly credit their taxes. Persons eligible to take part in the action should contact the attorneys for the class or more information. |
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