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Case ID: 3278 | Employment | 10/10/2005
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.
According to employees, Oak Street Mortgage, has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that as a matter of policy, they are required to work in excess of 40 hours per week by Oak Street. However, according to employees, the company has no provisions in place to properly compensate employees for hours worked in excess of 40 per week. The employees claim that Oak Street fails to keep accurate records of their hours and this further assists the company in preventing employees from collecting 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 loan officers paid on an hourly basis, 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 Oak Street'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 Pennsylvania against County of Allegheny. The case involves violations of employment 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. A class action lawsuit has been filed against the largest poultry producer alleging managers at its Russellville processing plant knowingly hired illegal workers. 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. Orange County Sheriff Kevin Beary faces a class-action lawsuit filed by agency retirees angered by losing lifetime health insurance benefits. About 300 former employees claim Beary illegally stripped them of the coverage offered since 1998 to anyone who worked 20 years or more for the agency.
A class action lawsuit has been filed on behalf of hourly workers employed as customer service representatives at Florida based All Purpose Insurance, Inc. The suit alleges that the company routinely denied overtime pay to employees who had worked hours in excess of 40 per week. The workers are seeking back overtime pay and other damages. A statewide collective action has been filed in Florida against Ciro Manufacturing Corporation. 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. |
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