Allstate Case to Go to Trial As to Damages Only in February 2005 |
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A class action filed in Los Angeles Superior Court seeking overtime for Allstate Insurance claims adjusters will go to trial as to damages only in February of 2004. The court has already ruled that Allstate acted inappropriately when it treated the adjusters as not entitled to overtime. That means that the trial will be for the sole purpose of determining how much the adjusters are entitled to as damages.
The complaint alleges, and the court has agreed, that Allstate misclassified the adjusters as "exempt" workers who did not receive overtime for hours worked in excess of 40 per week. Denial of overtime to the adjusters was therefore a violation of the California Labor Code.
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Other Employment Cases of Interest
What do you do if the pension fund that your hopes are pinned on can't pay your benefits? A class action has been filed against trucking and air freight conglomerate CNF, Inc., and its actuarial firm, Towers, Perrin, Forster & Crosby, Inc., on behalf of former employees who allege that the companies caused the pension plan for Consolidated Freightways Company, Inc., a CNF subsidiary that CNF later spun off, to become under-funded, costing retirees millions of dollars in lost pension benefits in violation of the federal Employee Retirement Income Security Act. California law makes it illegal for companies to take away, or "charge back" an employee's commissions in certain circumstances. A class action has been filed against Airtouch Cellular of California, Verizon Wireless Services, LLC, and Cellco Partnership on behalf of current and former Verizon sales employees who have worked in a California-based telemarketing center or retail outlet, alleging that the company compels them to return commissions on failed wireless subscriptions and also fails to calculate overtime pay properly, in violation of California unfair business practices and labor laws.
U.S. District Judge Keith Ellison ruled that more than 11,000 former and current assistant managers who work at Starbucks around the country can join a lawsuit filed in Houston seeking unpaid overtime wages. Financing your retirement can be a very frightening, and dangerous, thing if you don't know what you are doing. A class action has been filed against Salomon Smith Barney, Inc. and certain of its agents on behalf of a group of North Carolina BellSouth retirees who allege that the company gave them faulty financial planning advice in violation of state consumer protection laws. A class action was recently filed in a New York district court over American Express' retirement plans.
The lawsuit was filed by Paula Kritzman on behalf of herself and all others "similarly situated." The plaintiff alleges that when the American Express Retirement Plan was amended in July 1995 to convert to a cash balance formula from a final average pay formula for the calculation of benefits, the amended terms violated the Employee Retirement Income Security Act. A nationwide class action has been filed in Georgia against publishing giant Primedia, Inc. and its subsidiary Haas Publishing Companies, Inc. The action is brought on behalf of all employees who are beyond the age of 40 and have been either terminated from employment, or forced to resign, as a result of age discrimination. The action is brought under the federal Age Discrimination Employment Act and seeks compensatory and statutory damages as well as injunctive and declaratory relief.
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