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Case ID: 3394 | Employment | 05/13/2004
A statewide collective action has been filed in Florida against Custom Pak, 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, Custom Pak has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Custom Pak 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 Custom Pak'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 Williams Companies, Inc., a natural gas processor and transporter, has settled a class action suit over investments made by its retirement plans. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against A&J Food Court, Inc. 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. Just because you are classified as a managerial worker does not mean that you might not qualify for overtime pay. The parties have reached a tentative $3.5 million settlement in an action filed against Borders, Inc. (apparently the proper defendant should have been the Borders Group, Inc.) on behalf of assistant managers who worked in California Borders Bookstores between April 10, 1996, and March 18, 2001. Eligible persons should contact the class attorneys for more information. A class action lawsuit has been filed in the District Court of Kansas against the Board of County Commissioners of Johnson County, Kansas for violations of the Fair Labor Standards Act (FLSA) 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. Class members seek to recover unpaid overtime compensation, liquidated damages, attorney's fees and costs. A racial discrimination lawsuit filed against Woodward Governor Co. has now been as a class-action lawsuit. The ruling, issued by Judge Philip Reinhard, opens the case to at least 117 current and former minority workers at the Loves Park-based fuel control manufacturer. "This is a very significant junction," said Jennifer Soule, lead attorney for the 16 plaintiffs who originally brought the suit. "Because it's been certified as a class action, the plaintiffs can potentially obtain relief on behalf of all African Americans, Hispanics and Asians who have worked for the company for a number of years."
The lawsuit, which was filed in May 2003 in U.S. District Court in Rockford, alleges that 14 blacks, one Hispanic and one Asian were intentionally discriminated against by Woodward because of their race. The suit also claims that Woodward has a racially hostile work environment and a racial composition less than the overall work force of Winnebago County.
A class action lawsuit has been filed in the District Court of South Carolina against the South Carolina Department of Transportation. The case involves violations of employment law relating to job discrimination. 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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