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Case ID: 3461 | Employment | 08/19/2004
The parties have reached a tentative $7.2 million settlement in an action filed against the Washington Department of Corrections on behalf of state corrections officers who alleged that they should have been paid for "pass-down" periods at the beginning and end of their shifts dating back to 2000. Persons eligible to take part in the settlement should contact the attorneys for the class for more information.
The 2003 lawsuit, filed in state court by corrections officers Robert Stamey and Marshall Kirkpatrick, revolved around short periods of time at the beginnings and endings of shifts in state prisons throughout Washington. During those times - six to 12 minutes per day - corrections officers go through a mandatory procedure known as "pass-down," which includes equipment checkout, completion of daily inventories and verbal or written communications between officers to prepare for the next shift. In their suit, Stamey and Kirkpatrick noted that officers are not paid for pass-down time and argued that the state should pay back wages dating to 2000. State attorneys initially denied liability, arguing that collective bargaining agreements governed issues of overtime and back pay, and that the "pass-down" procedures fell under a legal exception. The amount of the settlement agreement reflects payments of $2.88 per day for each shift corrections officers worked from March 30, 2000, to April 1, 2004. It assumes officers worked 224 shifts per year - multiplied by four years, the total payment to an individual corrections officer would be $2,580. Additional money from the settlement agreement would pay court costs and attorney fees. Records indicate that as many as 1,900 state corrections officers may be able to take part in the settlement. The proposed settlement has been endorsed by the state Department of Corrections, the Attorney General and Teamsters Local 117, but will require approval from the Legislature when it reconvenes next year. Without that approval, a trial would follow in October 2005. 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 statewide collective action has been filed in Florida against Republic Services of Florida, LP. The action is brought on behalf of all current and former employees, who since February 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. A class action has been filed against The Great Atlantic & Pacific Tea Company, Inc., on behalf of current and former employees of A&P, The Food Emporium, and Waldbaum’s, who allege that the supermarket chains fail to pay them overtime wages, and deleted hours actually worked from time records, in violation of New York labor law. The class has been certified in a class action filed against Ameritech Corporation on behalf of retired employees who received a lump-sum distribution of benefits after the company amended its pension plan to adopt actuarial assumptions called for by the General Agreement on Tariffs and Trade. The plaintiffs alleged that a benefits reduction that was forced on them was in violation of the federal Employee Retirement Income Security Act’s anti-cutback rule. Persons eligible to take part in the action should contact attorneys for the class. More than 20,000 retired Oregon public employees would be protected from having to reimburse the state pension fund for past "overpayments" into their pension accounts, under a class-action lawsuit. The suit challenges a recent decision by the Public Employees Retirement System Board to recoup the money from the retirees by making reductions in their monthly checks.
A class action lawsuit has been filed in United States District Court against JC Penney Corporation. The case involves personal injury allegations. It was originally filed in state court but has been moved to the federal system at the request of the defendants. 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. Federal law laws out specific guidelines that tell companies when they must pay overtime to employees. The class has been certified in a class action filed against Government Employees Insurance Company, commonly known as GEICO, on behalf of all current and former hourly paid, telephone-dedicated employees who worked in GEICO's call centers between March 25, 2000, and the present. The action alleges that the company fails to pay its workers overtime as required by the federal Fair Labor Standards Act. To participate in the action, class members must opt in no later than August 21, 2003.
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