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Case ID: 4686 | Employment | 03/17/2006
Attorneys for the Van Buren School District in Arkansas recently argued that a judge's decision granting class action status in a lawsuit against the Van Buren School District should be overturned because there is no way to determine who would be in the class. The lawsuit was filed by former Van Buren teacher Steve Jones in 2003, claiming he was not compensated for some required non-instructional duty.
A Crawford County circuit judge certified Jones' suit as a class action last May, permitting as many as 500 Van Buren teachers to join the litigation. Jones' attorney, said members of the class could be identified through "duty sheets" that list when teachers had "duty" monitoring students before or after school, or during lunch. Jones was fired by Superintendent Merle Dickerson for failing to attend a faculty meeting in 2005 and for leaving one early in January. The Van Buren School Board upheld the termination. There's no question he was fired in retaliation for exercising his First Amendment rights," his attorney said. Jones claims the district breached his contract by requiring him to sometimes be at work for "morning duty" at 7:15 a.m., or by not allowing a duty-free lunch. He also seeks compensation for extra days he said he worked as a coach. The district claims the time Jones seeks pay for is considered part of a "day" in his teacher contract. Attorneys contended that the only way to determine who might be owed additional money is to interview teachers individually to determine how many minutes pay they would be entitled. "If there are teachers working non-instructional work, there is no data, there is no record, there is no way to determine who worked non-instructional time," Jones' attorney said. Circuit Judge Mike Medlock defined the class last year as any teacher employed by the Van Buren district since August 1998 who performed uncompensated, non-instructional duties. His attorneys claim class-action status opens the district to a liability of up to $750,000.
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 statewide collective action has been filed in Florida against Daly Etc., Inc. who are doing business as the Greenbriar Restaurant. The action is brought on behalf of all current and former employees, who since January 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.
Brinker International Inc., operator of the Chili's and Romano's Macaroni Grill restaurant chains, face a class-action lawsuit claiming that the company violated California law mandating workers' meal and rest breaks. California labor law requires that employees working on commission be given similar consideration as hourly workers. A class action has been filed against technology merchant Circuit City Stores West Coast, Inc. and its parent Circuit City Stores, Inc. on behalf of all "commission only" salespersons who worked at a Circuit City Store in California from March 1999 to March 2003, alleging that the company failed to pay them for work they performed as required by California labor law. A class action lawsuit has been filed in U.S. District Court for the Southern District of Florida against One Way International, 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 class action lawsuit has been filed in the Western District Court of Louisiana against Gamestop 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. Southern California class action attorneys recently settled overtime claims against the San Diego Padres Baseball Club on behalf of numerous sales employees. In their class action complaint, the Padres' sales employees claimed that they were misclassified as exempt from California's overtime and meal break/rest period requirements, as well as other wage requirements under the California Labor Code. These sales employees, who worked significant overtime hours during the baseball season, were responsible for selling various ticket and entertainment packages, including group sales, season ticket sales, premium seating sales and luxury skybox sales. |
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