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Case ID: 4690 | Employment | 03/07/2006
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. American Express says the plaintiff alleges that the amended retirement plan violated the act's ban on reducing rates of benefit accrual due to the increasing age of a plan participant. The plaintiff also alleges that the amended plan violated the act's ban on forfeiture of accrued benefits, as well as its present value calculation rules. According to the company, the plaintiff is seeking injunctive relief, entitling her and the purported class to benefits that are the greater of the benefits to which class members would have been entitled without regard to the conversion of the benefit payout formula to a cash balance formula and the benefits under the amended plan with regard to the cash balance formula. 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 United States District Court, Southern District of Florida against Southern Waste Systems, LLC and Charles Gusmano. The case involves violations of employment law pertaining to the Fair Labor Standards Act (FLSA). 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. Federal civil rights legislation prohibits discrimination based on gender, age, race, and national origin. The parties have reached a $3.5 million voluntary pre-litigation settlement in an enforcement action based on complaints that national hair salon chain Supercuts, Inc. engaged in racial discrimination. The agreement will provide relief to African Americans meeting certain qualifying criteria who applied to, were terminated from, or denied promotions by Supercuts Stores in its Eastern Region between November 1996 and December 2001. Eligible claimants should contact the Equal Employment Opportunity Commission for information on how to take part in the sesttlement. Federal civil rights law gives you the right to sue if you are discriminated against on the basis of your race, color, national origin, or gender. The class has been certified in a class action filed against Combined Insurance Company of America on behalf of current and former female sales agents and managers who, after March 8, 2002, were members of Combined's "Seventh Essential Enhanced Sales Force." The action alleges that Combined has engaged in a pattern or practice of sex discrimination toward and sexual harassment of women in violation of Title VII of the federal 1964 Civil Rights Act.
A national collective action has been filed in Washington D.C. against government contract giant, Lockheed Martin Government Services, Inc. The action is brought on behalf of all current and former employees who were employed as computer installers or provided computer support services to the U.S. government and 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 as well as D.C. labor laws and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action under federal law, 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. A national class action has been filed against prescription drug plan operator Express Scripts, Inc. on behalf of all U.S. citizens who were or are participants in or beneficiaries of any employer-provided prescription benefit plan (1) that required participants or beneficiaries to pay a percentage co-pay for prescription drugs and (2) for which Express Scripts, Inc. or one of its predecessors-in-interest or subsidiaries serves or has served as the plan's provider of prescription drugs at any time from October 1, 1997, through the present. The action is brought under the Employee Retirement Income Security Act (ERISA) and claims that Express Scripts breached its fiduciary duty to plan participants and beneficiaries in several ways. The participants are seeking declaratory and injunctive relief and a court order requiring Express Scripts to make an accounting of and reimburse consumers and benefit plans all monies earned through allegedly unlawful activities.
Former employees recently sued Software publisher Activision for failure to pay overtime compensation as required by California law. |
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