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Case ID: 3374 | Employment | 05/04/2004
A statewide collective action has been filed in Florida against the Oakwood Center of the Palm Beaches, 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, Oakwood Center has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Oakwood Center 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 who 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 Oakwood Center'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 on behalf of employees of Florida based Subway Plaza Corporation. 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 combination class action/collective action has been filed in Ohio against the telemarketing service, Smart Choice Marketing, Inc. The action is brought on behalf of all Ohio residents who are currently, or were employed by Smart Choice from December 1, 2000, to the present as hourly telemarketers and whose working time was tracked and recorded by the use of the computer dialer and who were not paid overtime compensation as a result. The action alleges that Smart Choice engaged in an intentional and systematic course of conduct which was aimed at denying its hourly employees proper overtime compensation. The action is brought as a class action under Ohio Minimum Fair Wage Standards Law and as a collective action under the federal Fair Labor Standards Law. The employees are seeking back pay, liquidated and statutory damages as well as injunctive and declaratory relief. As a collective action, potential claimants are required to "opt-in" to the case. The employees have requested that the court issue notice to all potential claimants. 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. The parties have reached a tentative $1,810,000 settlement of a class action filed against professional employer services provider Staff Leasing, Inc. (Nasdaq: STFF) and certain of its officers and directors by stockholders who owned the company's common stock between March 17 and April 20, 1999, and lost money because of the defendants' rejection of the March 17, 1999, tender offer by Paribas Principal Partners. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against Keramac Management. The case involves violations of federal labor 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. State and federal laws protect workers from exposure to harmful substances. A class action has been filed against Bechtel Corporation and related companies on behalf of workers and visitors who worked on tunnels at the U.S. Department of Energy's Yucca Mountain site, who allege that contractors and subcontractors knowingly exposed them to toxic dusts and gases from 1992 to 2003 and intentionally concealed the dangers. |
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