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Case ID: 3715 | Employment | 09/28/2004
A class action law suit has been filed against Delta Airlines aqnd certain Delta officers, directors and employees by participants in Delta’s ERISA qualified pension plans. The lawsuit alleges that Delta encouraged plan participants to invest in Delta stock at a time when the airline’s solvency was questionable. The plaintiffs allege that Delta had a duty to warn them about the company’s financial troubles and should not have been offering Delta stock as an investment option when the stocks’ worth was in question. The plaintiffs seek actual damages for the lost value of their stocks as well as restitution to the pension plan by Delta.
The case is brought on behalf of all persons who were participants in Delta’s pension plans between November 14, 2000 and August 9, 2004. Plaintiffs allege that during that time, Delta’s pension plan offerings were heavily weighted toward the purchase of Delta common stock. Plaintiffs further allege that during most of this time period, Delta’s financial solvency and indeed, its continued existence were questionable, due to increased competition from discount airlines, 9/11 related losses, and poor management decisions. The suit alleges that under the federal Employee Retirement Income Security Act, Delta had a legal obligation to protect the investment contributions of plan participants. The participants claim that Delta knew, or should have known, that it’s own stock was a bad investment, and should have removed it from the plan or at a minimum, warned investors about the risks and offered alternative investment options. 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 has been filed on behalf of home health care workers employed by the Gatesway Foundation, a Tulsa based provider of home health services. The suit alleges that workers employed at Gatesway between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney’s fees and costs, as well as liquidated damages and equitable relief. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against Advanced Communication Solutions, Inc. The case involves violations of Federal Labor 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 national class action has been filed in Nebraska against the Union Pacific Railroad Company. The action is brought on behalf of all female employees who have either used prescription contraceptives or who would have used them if they were covered by Union Pacific's employee health insurance policy. The employees allege that the exclusion of prescription contraceptives from the employee health insurance package is discriminatory and equals a violation of the federal Civil Rights Act and the Pregnancy Discrimination Act.
A statewide collective action has been filed in Florida against DDS Restaurant Corporation, Inc, who operate as Bagel Twins. 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 statewide collective action has been filed in Florida against Express Car Wash of West Boca, Inc., who operate various South Florida car washes under the name Express Car Wash. 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 lawsuit has been filed on behalf of loan originators at Kansas based Bank of Blue Valley, Inc. The loan originators claim that they were supervised, treated, and controlled in the same manner as employees, and required to work hours far in excess of 40 per week. Notwithstanding this, the originators claim, they were paid as independent contractors on a commission basis and the amounts paid were far less than what would be required for employees, for straight pay and overtime, under federal labor laws. The loan originators seek back pay and other damages. |
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