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Case ID: 3503 | Employment | 06/22/2004
A statewide collective action has been filed in Florida against National Financial Systems, Inc. The action is brought on behalf of all current and former hourly employees of all Florida National Financial locations, 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, National Financial has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that National Financial 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 and only pays them "straight time" for overtime hours. 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 employed as debt collection representatives, were paid on an hourly basis. They 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 National Financial’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 corporation's backbone is its workers--surprisingly, many companies don't seem to recognize that fact. The class has been certified in an action filed against defense contractor Raytheon Company and related companies on behalf of all former employees of Raytheon Engineers and Constructors, Inc. who were involuntarily terminated as a result of the sale of Raytheon Engineers to Morrison Knudsen Corporation, which was succeeded by Washington Group. The action alleges that Raytheon Engineers violated the federal Employee Retirement Income Security Act (ERISA) by failing to grant severance pay and other benefits to employees under the ERISA-governed severance policy in connection with the stock sale to Morrison Knudsen. A national class action has been filed against prescription drug plan operator Express Scripts, Inc. on behalf of all U.S. citizens who were or are participants in or beneficiaries of any employer-provided prescription benefit plan (1) that required participants or beneficiaries to pay a percentage co-pay for prescription drugs and (2) for which Express Scripts, Inc. or one of its predecessors-in-interest or subsidiaries serves or has served as the plan's provider of prescription drugs at any time from October 1, 1997, through the present. The action is brought under the Employee Retirement Income Security Act (ERISA) and claims that Express Scripts breached its fiduciary duty to plan participants and beneficiaries in several ways. The participants are seeking declaratory and injunctive relief and a court order requiring Express Scripts to make an accounting of and reimburse consumers and benefit plans all monies earned through allegedly unlawful activities.
401(k) accounts can be a great way to save and reduce your tax burden at the same time. A class action has been filed against Fujitsu America, Inc. and the Fujitsu Group 401(k) Plan on behalf of former employees of Fujitsu American subsidiaries who (1) were participants in the plan, (2) were laid off after more than three years of service, and (3) forfeited any portion of their account balances as a result of a January 2002 amendment that eliminated reduction-in-force vesting for employees of Fujitsu America subsidiaries.
The California Supreme Court has upheld the certification of the class in an action filed against Sav-on Drug Stores on behalf of California Sav-On managers and assistant managers who allege that the chain misclassifies its them as exempt from the state's overtime wage laws. Persons eligible to participate in the action may contact the attorneys for the class for more information. 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. Former employees recently sued Software publisher Activision for failure to pay overtime compensation as required by California law. |
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