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Case ID: 3838 | Employment | 10/26/2004
A class action has been filed against American Family Mutual Insurance Company, (AmFam) an insurance company that sells automobile insurance and employs more than 8,100 employees nationwide, for improperly classifying employees and failing to pay overtime compensation in violation of the Fair Labor Standards Act (FLSA). The class members seek compensatory damages, attorney’s fees and costs.
Specifically, the complaint charges that AmFam unlawfully misclassified employees who process vehicle property damage claims as "exempt" from certain state and federal labor laws in order to deprive them of overtime pay. The four named plaintiffs were each employed by AmFam as vehicle property damage claim adjusters, were classified as “exempt” and regularly worked hours in excess of forty (40) per week without receiving overtime compensation. They allege that the nature of their positions makes them “non-exempt” employees and are therefore entitled to overtime pay. The members also allege that AmFam did not keep accurate pay records according to FLSA regulations. The proposed class included hundreds of vehicle property damage claim adjusters in 17 states. 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 When a corporate worker loses his or her savings because of executive decisions, the company may have to pay. The class has been certified in an action filed against Computer Associates International, Inc. and Computer Management Sciences, Inc. on behalf of participants in Computer Management Sciences' employee stock ownership plan who allege that Computer Associates' trustees and administrators violated the federal Employee Retirement Income Security Act by failing to diversify the assets in Computer Management's employee stock ownership plans. On October 7, 2003, the court rejected the parties' proposed settlement of a class action against Mueller Refrigeration Products Company of Hartsville, Tennessee, on behalf of African-Americans who applied for employment with Mueller at any time since October 25, 1998, and were not hired. The court held a fairness hearing on July 31 but did not announce its decision until October 7. A statewide collective action has been filed in Florida against J&B Today's, Inc. The action is brought on behalf of all current and former hourly employees of all Florida J&B Today's stores, 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. Music retailer Guitar Center Inc. has reached a preliminary agreement to settle two purported class action lawsuits filed by hourly store employees in California. The suits alleged, among other things, that the company improperly documented and enforced break-time and lunchtime periods for the workers. A national class action has been filed against The Body Shop International, PLC, and its subsidiaries The Body Shop , Inc., Skin & Hair Care Preparations, Inc., and Buth-Na-Bodhaige, Inc., on behalf of current and former employees who allege that the company failed to pay them overtime, in violation of the federal Fair Labor Standards Act. The action seeks unspecified compensatory and punitive damages for up to three years of back overtime pay per worker. Qualified employees should join the action as soon as possible to prevent forfeiture of benefits because of the operation of federal statutory deadlines. 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. |
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