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Case ID: 3862 | Employment | 10/26/2004
A class action lawsuit has been filed on behalf of employees of Novastar Mortgage Company. The suit alleges that the company routinely denied overtime pay to loan originators who qualified as hourly employees and who had worked hours in excess of 40 per week. The workers are seeking back overtime pay and other damages.
The complaint alleges that persons employed at Novastar as loan originators were paid a flat rate weekly salary plus a commission for loans originated. Novastar did not pay overtime to the loan originators, who allege that they routinely worked more than forty hours per week. The loan originators contend that they meet the legal definition of hourly employees entitled to overtime payments and should have been given overtime for any hours they worked in excess of forty in a given week. Under the federal Fair Labor Standards Act (FLSA) employers are required to pay overtime pay of 1.5 times the regular rate to hourly employees for any hours worked in excess of 40 per week. The workers seek back overtime pay plus liquidated damages for each worker included in the class. 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 in the Southern District Court of New York against 3795 10th Avenue Parking Corporation. 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. On September 30, 2003, the U.S. District Court for the Southern District of Indiana certified a class of current and former employees of IPALCO, Inc. in an action against the company seeking compensation for losses to class members' 401(k) retirement funds. 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. 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. A class action lawsuit has been filed in United States District Court against Maytin Engineering. 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 statewide collective action with possible national reach has been filed in West Virginia against credit card customer service giant, Applied Card Systems, Inc. The action is brought on behalf of all West Virginia employees of Applied who were not paid proper overtime compensation 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 injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the action in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. |
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