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Case ID: 3317 | Employment | 04/13/2004
A statewide collective action has been filed in Florida against Republic Services of Florida, LP. 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, Republic Services, who operate a statewide refuse pickup and disposal service, has engaged in a willful and intentional course of action intended to defraud them of proper overtime compensation. The employees claim that Republic Services automatically deducts from their paycheck for a daily lunch break, regardless of whether one has been taken or not. The employees claim that more often than not, there is no time to take a proper lunch break during the work day. According to employees, this results in employees being denied full compensation for all hours worked beyond 40 per week. 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 are 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 Republic Services' 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 Kahn Gauthier Swick, LLC is investigating the financial losses suffered by employees and former employees of Zale Corporation (NYSE:ZLC) who participated in the company's 401(k) plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). The parties have reached a tentative $21 million settlement in a class action filed against the Morrison Knudsen Savings Plan, the Morrison Knudsen Corporation Employee Stock Ownership Plan, other various corporate defendants, and 29 individual defendants on behalf of all current and former participants of the Savings Plan who held shares of Morrison Knudsen stock in their savings plan accounts on or after July 19, 1994, and all individuals who were participants of the Morrison Knudsen Employee Stock Ownership Plan on or after July 19, 1994. The settlement notice does not indicate a claims deadline— persons eligible to take part in the settlement should contact the attorneys for the class for more information. A class action has been filed on behalf of current and former employees of RCN Corporation who participated in its Retirement Investment and Stock Purchase plans between January 12, 1999 and the present. The suit alleges that fiduciaries for the RCN plans induced plan participants to make significant investments in RCN stock through misrepresentations regarding the financial status of the company, in violation of the Employee Retirement Income Security Act (ERISA). A class action lawsuit has been filed in the Southern District Court of Texas against Certified Recovery Systems, LLP. The case involves violations of the Fair Labor Standards Act. 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. Federal law protects workers from unexpected job losses due to surprise layoffs. A class action has been filed against the board of directors and certain top executives of now-bankrupt telecommunications provider Touch America, Inc., as well as former consultant Nightingale, LLC, of Stamford, Connecticut, on behalf of former Touch America employees who allege that they were not given sufficient notice before their layoffs, in violation of the federal Worker Adjustment and Retraining Notification (WARN) Act. A class action lawsuit has been filed in the Middle District Court of Florida against the United Technical Institute, Inc. for violations of the Fair Labor Standards Act (FLSA). Class members seek damages, attorney's fees and costs. |
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