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Case ID: 3422 | Employment | 05/24/2004
A statewide collective action has been filed in Florida against Latite Roofing and Sheet Metal Company, 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, Latite Roofing has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Latite Roofing 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 salaried clerical staff, claim that although they were paid on a salaried basis, they are truly "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees also claim that because Latite'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 United States District Court against ABN Corporation, which does business under the name Super 8 Motel. 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. A class action has been filed against Federal Home Loan Mortgage Corporation on behalf of participants in the Federal Home Loan Mortgage Corporation Thrift/401(k) Savings Plan who allege that the corporation and trustees of the savings plan violated the federal Employee Retirement Income Security Act when they failed to diversify plan holdings and allowed the plan to invest too heavily in Freddie Mac stock between January 1, 2000, and the present.
A collective action has been filed in Florida against the School Board of Broward County, Florida. 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 board. The action is brought under the federal Fair Labor Standards Act and is seeking back pay, statutory damages, liquidated damages and declaratory relief. A class action has been filed against Connecticut Light & Power, a CT bases utilities company, (CL&P) by two former workers who were hired as independent contractors, but allegedly treated as employees. As independent contractors, the workers did not receive benefits according to CL&P’s ERISA and non-ERISA employee benefit plans. The workers claim that their job duties were identical to actual employees of CL&P and are suing for compensatory damages and lost benefits. A class action lawsuit has been filed in the Southern District Court of Mississippi against Levis Strauss & Co 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 unpaid overtime, punitive damages, attorney's fees and costs of the litigation. A class action lawsuit has been filed against discount retail giant Wal-Mart Stores Inc. on behalf of persons of African American descent who applied and were rejected for truck driving positions based out of Wal-Mart distribution centers in Texas, Arkansas, Louisiana, Mississippi, Tennessee, Georgia, Missouri, Alabama and Kentucky. The action also seeks to represent persons of African American descent who would have applied for driving positions, but were deterred from doing so by their perception that Wal-Mart was biased against applicants of African American descent. The action seeks to enjoin Wal-Mart from continuing the alleged discriminatory practices and seeks financial damages for the rejected job applicants. |
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