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Case ID: 3519 | Employment | 06/29/2004
A national collective action has been filed in Missouri against IKON Office Solutions, Inc. The action is brought on behalf of all current and former IKON customer service representatives 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 compensatory, 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 the employees, IKON has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that IKON frequently required them to work well in excess of 40 hours per week. However, according to the employees, the company did not properly compensate them for these hours. 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 were employed as hourly customer service representatives, and they claim that they are "non-exempt" under the Fair Labor Standards Act. However, the employees claim that IKON ignored their status and paid them no more than "straight time" for all hours worked beyond 40 per week. The employees also claim that because IKON'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 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. A statewide collective action has been filed in Florida against American Roofing Contractors, Inc. The action is brought on behalf of all current and former employees, who since March 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 lawsuit has been filed in the Southern District Court of Ohio against the Ohio Education Association (OEA) for violations of the Labor Management Relations Act for breaching a collective bargaining agreement. Class members seek to enjoin OEA from breaching the collective bargaining agreement, to obtain an order restoring benefits coverage, to be made whole for losses, attorney's fees and costs. Overtime pay is a hot-button issue in the legislative and judicial sectors today. The class has been certified in an action filed against Eastman Kodak Company on behalf of current and former employees of the company alleging that Kodak's overtime payment policies have violated state and federal labor laws since 1996. An employee stock ownership plan is an employee benefit plan that makes the employees of a company owners of stock in that company. A class action has been filed against safe- and vault-maker Mosler, Inc., and four company executives on behalf of former employees who participated in the company's employee stock ownership plan who allege that the executives breached their fiduciary responsibilities to the employees as stockholders, causing a drastic reduction in the value of company stock and a resultant decrease in value of the plan, in violation of state securities law.
A class action has been filed against New York City Health and Hospital Corporation for retaliation and violations of overtime laws. The complaint alleges that Marjorie Barnwell worked for Kings County Hospital, but was not paid for overtime and that the Hospital retaliated against her when she confronted them. Barnwell is suing for unpaid overtime compensation and retaliation. |
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