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Case ID: 3373 | Employment | 05/04/2004
A statewide collective action has been filed in Florida against Jupiter Animal Hospital, 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.
According to employees, Jupiter Animal Hospital has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Jupiter Animal Hospital frequently requires 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 for hours worked 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 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 Jupiter Animal Hospital'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 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. A class action has been filed against Rolling Frito-Lay Sales, LP by the company's California delivery drivers, who allege that Frito-Lay improperly calculated their overtime wages based on a "fluctuating work week method," which violates California law. A collective action has been filed in South Carolina against the Berkeley County School District. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. The parties have reached a tentative settlement in a class action filed against Shaw Industries, Inc., on behalf of California businesses and residents who performed work in connection with floor covering products under warranty by Shaw in California between September 19, 1998, and June 4, 2004. The action alleges that Shaw did not properly compensate its dealers for activities undertaken in connection with the service, repair, and replacement of floor covering products covered by warranty. Persons eligible to take part in the settlement should contact the attorneys for the class for more information. The University of Washington has agreed to settle a class-action lawsuit over faculty salaries. The case claimed that the UW's decision not to grant a general salary increase to its faculty in May 2002 had violated a salary policy adopted two years earlier.
If the tentative settlement is approved by the King County Superior Court, eligible faculty members will receive a two percent salary increase and a share of a negotiated one-time payment of $17.45 million for back pay and interest. The cash payment will also be used to pay the plaintiffs' attorneys' fees and other expenses. The amount individual eligible faculty members receive will be based on their total earnings since 2002. A class action lawsuit has been filed in the Southern District Court of Florida against HBI Lawn Spraying, Inc. 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. |
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