Loan Originators Say They Worked As Employees, Got Paid Far Less |
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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.
The amount at issue in the case is alleged to exceed a quarter of a million dollars.
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Other Employment Cases of Interest
The class has been certified in an action filed against Kmart Corporation board members and executives on behalf of current and former Kmart employees who had more than $100 million of the discount chain's stock in their 401(k) retirement plans when the company went bankrupt. The action alleges that the defendants violated the federal Employee Retirement Income Security Act by abrogating their fiduciary duties to plan participants. Persons eligible to take part in the action should contact attorneys for the class. A nationwide class action has been filed in Ohio against supermarket giant, The Kroger Company. The action is brought on behalf of all current and former employees of Kroger whose health insurance was either reduced or cancelled while on medical leave or who were not reinstated to their previous position once they returned from medical leave. The action is brought under the federal Family Medical Leave Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. Federal law is often criticized as being overly complex, but that complexity only reflects the nature of our society. The class has been certified in an action filed against AXA Network, LLC, and the Equitable Life Assurance Society of America on behalf of all current, former, and retired Equitable agents who show (a) lost eligibility for benefits under any Equitable ERISA plan during any period on or after January 1, 1999, because of the application of the policy adopted by Equitable of using compliance with specified sales goals as the test of a "full time life insurance salesman" or (b) remain subject to losing such benefits in the future because of the potential application to them of that policy. A class action has been filed in Texas against petro-chemical giant Chevron Phillips Chemical Company, LP on behalf of all past and present female managers--apparently nationally--of the company who have experienced discrimination based on their sex. The managers claim that Chevron has systematically discriminated against them, violating both federal and Texas civil rights laws. The managers are seeking compensatory damages, back and front pay, injunctive relief and liquidated damages.
The issue of corporate health plan prescription contraceptive coverage is a hot-button item lately. The parties have apparently reached a settlement in a nationwide action filed against supermarket chain Albertson's, Inc. on behalf of female employees who allege that the store and its subsidiaries have discriminated against them by refusing to pay for their prescription contraceptives, in violation of their civil rights.
A group of 20 current and former employees have filed a $50 million class action lawsuit against Whirlpool Corporation, alleging racial discrimination at the company's LaVergne facility. The suit, which was filed on behalf of black and white employees, alleges Whirlpool management perpetuated a hostile work environment, which included racial jokes and slurs and racist graffiti.
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