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Case ID: 3520 | Employment | 06/29/2004
A national collective action has been filed in New Jersey against Provident Bank & Home 1-2-3 Corporation. The action is brought on behalf of all current and former Provident& 1-2-3 loan officers who 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 loan officers, Provident/1-2-3 has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The loan officers claim that Provident/1-2-3 frequently required them to work well in excess of 40 hours per week. However, according to the loan officers, the companies had no provisions in place to 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. While the employees bringing this action have been classified as "exempt" by Provident/1-2-3, they claim that they are in reality "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The loan officers claims that Provident/1-2-3 classified them as "exempt" despite two Department of Labor, Wage and Hour Division Opinion Letters, dated May 17, 1999 and February 16, 2001, concluding that loan officers were not exempt from the overtime requirements of the Fair Labor Standards Act. For these reasons, the loan officers claim that they are entitled to overtime compensation. The loan officers also claim that because Provident/1-2-3'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 racial discrimination lawsuit filed against Woodward Governor Co. has now been as a class-action lawsuit. The ruling, issued by Judge Philip Reinhard, opens the case to at least 117 current and former minority workers at the Loves Park-based fuel control manufacturer. "This is a very significant junction," said Jennifer Soule, lead attorney for the 16 plaintiffs who originally brought the suit. "Because it's been certified as a class action, the plaintiffs can potentially obtain relief on behalf of all African Americans, Hispanics and Asians who have worked for the company for a number of years."
The lawsuit, which was filed in May 2003 in U.S. District Court in Rockford, alleges that 14 blacks, one Hispanic and one Asian were intentionally discriminated against by Woodward because of their race. The suit also claims that Woodward has a racially hostile work environment and a racial composition less than the overall work force of Winnebago County.
A class action lawsuit has been filed in the Southern District Court of Florida against Seisint, Inc. The case involves violations of the Fair Labor Standards Act. 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 lawsuit has been filed in the Northern District Court of Illinois against Chilpancingo, Inc. The case involves violations of employment 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 class action has been filed in Oregon against Symphony Healthcare, Inc., the former owner and operator of Eastmoreland Hospital. The action is brought on behalf of all former employees of Eastmoreland who were terminated on January 16, 2004, when Symphony suddenly closed Eastmoreland without any prior notice to employees. The action is brought under the federal Worker Adjustment and Retraining Act (WARN) and seeks back pay and benefits for all former employees. Krispy Kreme Doughnuts, Inc. (NYSE: KKD) announced that a proposed settlement has been reached resolving an ERISA class action filed on March 3, 2005 in the United States District Court for the Middle District of North Carolina against the Company and individual defendants including certain members of its Board of Directors, officers and employees. The settlement would include a one-time cash payment to be made by the Company's insurer in the amount of $4,750,000. The Company and the individual defendants deny any
and all wrongdoing and would pay no money in the settlement. |
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