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Case ID: 3341 | Employment | 04/20/2004
A statewide collective action has been filed in Florida against Vogue International, Inc. The action is brought on behalf of all current and former employees, who since March 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, Vogue International has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Vogue International frequently required them to work well in excess of 40 hours per week. However, according to employees, the company has no provisions in place to properly compensate employees for overtime, and only compensated them for "straight time" wages for hours in excess of 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 who work on an hourly basis and do not have managerial or executive responsibility. The employees, who were hourly employees, 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 Vogue Internationals' 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 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 U.S. District Court against Trident Medical Center, LLC. The suit was originally filed in South Carolina's state court system but has been removed to the federal court at the request of the defendants. The case involves violations of Federal employee benefits 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. TRW Automotive U.S. Reaches $2.3 Million Settlement in Michigan/Indiana Racial Discrimination Action Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin. The parties have reached a tentative $2.3 million settlement in a class action filed against automobile parts manufacturer TRW Automotive U.S., LLC, on behalf of current and former African American employees at TRW's plant in Portland, Michigan, or its Lafayette or Lebanon, Indiana, facilities who allege that the company discriminated against them in promotions, compensation, training, and other employment practices in violation of federal civil rights laws between January 1, 1995, and July 23, 2003. Eligible claimants should contact the class attorneys as soon as possible regarding the settlement.
A federal judge certified a class-action discrimination lawsuit targeting FedEx Corp. amid allegations the delivery service paid thousands of current and former minority employees less than their white counterparts, skipped them for promotions and gave minorities poor work evaluations. California law makes it illegal for companies to take away, or "charge back" an employee's commissions in certain circumstances. A class action has been filed against Airtouch Cellular of California, Verizon Wireless Services, LLC, and Cellco Partnership on behalf of current and former Verizon sales employees who have worked in a California-based telemarketing center or retail outlet, alleging that the company compels them to return commissions on failed wireless subscriptions and also fails to calculate overtime pay properly, in violation of California unfair business practices and labor laws.
A statewide collective action has been filed in Massachusetts against the Town of Agawam and the Agawam Police Department. The action is brought on behalf of all Agawam police officers who have not been paid proper 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 statutory damages, liquidated damages and 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 part
of the class. The officers have requested that the court issue notice to all potential claimants.
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