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Case ID: 3481 | Employment | 06/15/2004
A statewide collective action has been filed in Florida against Kilowatt Electric Company. The action is brought on behalf of all current and former laborers, who since May 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, Kilowatt has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Kilowatt 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 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 Kilowatt'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 Missouri circuit court judge Sandra Midkiff granted class action status to about 250,000 current and former Wal-Mart workers in the state who are challenging some of the company's practices. Federal law prohibits sexual harassment in the workplace. A class action has been filed against business consulting service International Profit Associates, Inc. on behalf of current and former female employees who allege that they were her arrest sexually on the job in violation of federal civil rights laws. Federal civil rights laws prohibit employment discrimination based on race, color, religion, sex or national origin. The parties have reached a settlement apparently valued at $1.5 million in an administrative action filed against the U.S. Department of Agriculture on behalf of Asian and Pacific Islander workers who allege that they were passed over or demoted after they filed discrimination complaints, in violation of their civil rights. A statewide class action has been filed in Florida against Morningstar Holdings, LLC, the owner and operator of The Bonati Institute. The action is brought on behalf of all former employees of Bonati who were terminated when Bonati suddenly closed its doors on December 19, 2003. The action is brought under the Federal Worker Adjustment and Retraining Notification Act (WARN) and seeks damages in the form of 60 days pay, bonuses, accrued vacation time and holiday pay as well as pension and 401k contributions and health and medical insurance contributions and any medical expenses incurred during the period where coverage should have been provided. A collection action has been filed against the Puerto Rico Federal Affairs Administration and several of its employees on behalf of all employees of the administration who were not paid overtime compensation or minimum wage or were wrongly terminated after complaining to the administration about these payment discrepancies. The action is brought under the federal Fair Labor Standards Act and is seeking unpaid wages, statutory damages, and declaratory relief.
A class action lawsuit has been filed in the Southern District Court of Florida against Toby's Frozen Lemonade, Inc. 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. |
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