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Case ID: 3404 | Employment | 05/17/2004
A statewide collective action has been filed in Florida against U.S. Pool Acquisition Corporation. 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, U.S. Pool has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that U.S. Pool 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 were 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 U.S. Pool'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 nationwide class/collective action has been filed in California against truck stop Giant, Pilot Travel Centers, LLC and its parent company, Pilot Corporation. The action is brought on behalf of all general managers, co-managers, operations managers, sales managers, guest service managers, and human resource managers who since December 11, 1999, in California and December 11, 2000, nationwide were denied overtime compensation by Pilot. The action is brought both under the federal Fair Labor Standards Act and the California labor and business professions codes and seeks back pay, liquidated damages and statutory penalties as well as declaratory and injunctive relief. The action is both a class action, for violations of California law, and a collective action under the federal Fair Labor Standards Act. Those residing outside of California who wish to be considered for the action must "opt-in" voluntarily to be considered a claimant. The managers have requested the court give notice to all potential claimants. A collective action has been filed in Louisiana against the St. John the Baptist Parish School Board. 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 St. John. The action is brought under the federal Fair Labor Standards Act and is seeking back pay, statutory and liquidated damages. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered eligible claimants. The employees have requested that the court issue notice to all potential claimants. A statewide collective action with possible national reach has been filed in West Virginia against credit card customer service giant, Applied Card Systems, Inc. The action is brought on behalf of all West Virginia employees of Applied who were not paid proper overtime compensation 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 injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the action in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A class action lawsuit has been filed in the Western District Court of California against 1171 Productions Group. 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. A class action lawsuit has been filed in the Northern District Court of Alabama against the Birmingham Board of Education for violations of civil rights law. Class members seek injunctions, back pay, allowances, seniority, tenure status and retirement benefits. Employees of Pilgrim's Pride Corporation who came to the company as a result of Pilgrim's Pride's acquisition of Con-Agra's poultry division have filed a class action suit against the company. The workers claim that at the time that Pilgrim's Pride acquired the Con-Agra division, it promised the former Con-Agra employees that it had a compensation and bonus program similar to Con-Agra's and that the employees would not suffer any loss of compensation or bonus pay as a result of the acquisition. The plaintiffs claim that these statements were unfair and deceptive and that in fact they did suffer a loss of compensation and bonus opportunities. |
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