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Case ID: 3436 | Employment | 05/25/2004
A statewide collective action has been filed in Florida against Aaustin Enterprises, Inc, better known as Airborne Express. 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 as well as proper minimum wage for all hours worked. 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, Airborne Express has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Airborne Express frequently requires them to work well in excess of 40 hours per week. However, according to employees, the company does not properly compensate employees for overtime hours, those worked in excess of 40 per week. Under the Fair Labor Standards Act, all "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 employees, claim that they are "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. Additionally, the employees claim that Airborne Express often fails to pay the statutory minimum wage and allegedly fails to pay employees back pay upon termination. These actions, according to employees, further violate the Fair Labor Standards Act. The employees also claim that because Airborne Express' labor violations were willful and intentional, employees 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 Four former employees accused Polo Ralph Lauren Corp. of labor-code violations, fraud and false imprisonment, saying the clothing store failed to properly pay workers and detained them in stores after hours. The former sales associates said they were kept after work in locked stores for as many as 30 minutes while their purses and bags were examined to make sure they weren't stealing. They were not paid for the time they were detained, the plaintiffs say. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against Cleaner’s Leader 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. A statewide collective action has been filed in Texas against Nestle Waters North American, Inc. on behalf of all delivery drivers who have worked for the company in Texas and have not been paid overtime for hours worked in excess of 40 a week. The action is brought under the federal Fair Labor Standards Act and seeks liquidated damages and back pay for the drivers.
A class action lawsuit has been filed in the Central District Court of California against Kor Hotel Group, LLC. The case involves violations of 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 statewide collective action has been filed in New York against Jacobs Nursing & Healthcare Employment Services Agency, Inc. The action is brought on behalf of all New York residents who have been employed by Jacobs between December 22, 1997 and December 22, 2003 and who have not been paid overtime compensation during their employment. The employees bring this action under the federal Fair Labor Standards Act and New York labor laws and seek back pay, statutory damages and injunctive and declaratory relief. As a collective action, all potential
claimants must "opt-in" to the action in order to recover. The employees have indicated that the potential class is quite large and have asked the court to issue notice to all potential claimants.
A class action law suit has been filed against Delta Airlines (NYSE: DAL) and certain Delta officers, directors and employees by participants in Delta’s ERISA qualified pension plans. The lawsuit alleges that Delta encouraged plan participants to invest in Delta stock at a time when the airline’s solvency was questionable. The plaintiffs allege that Delta had a duty to warn them about the company’s financial troubles and should not have been offering Delta stock as an investment option when the stocks’ worth was in question. The plaintiffs seek actual damages for the lost value of their stocks as well as restitution to the pension plan by Delta. |
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