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Case ID: 4713 | Employment | 03/20/2006
A 2004 lawsuit that claimed three south Louisiana school systems failed to pay overtime to hundreds of employees may get a second chance at being granted class action status. Attorneys that filed the case originally missed the deadline for certifying the case as a class action and ignored demands to explain why.
Baton Rouge U.S. Magistrate Stephen Riedlinger now recommends the attorneys be given a second chance after a New Orleans lawyer blamed Hurricane Katrina for his handling of the case. "Significant weight should be given to the impact caused by Hurricane Katrina and the resulting confusion and communication problems,” the New Orleans Lawyer wrote. “While the lack of progress in this case may be frustrating to the magistrate, any failure since Aug. 29, 2005, is clearly attributable to circumstances beyond (my) control.” The lawyer from New Orleans wrote to the court explaining that the storm forced him to transfer his practice to Alabama, where he has only “intermittent access” to his e-mail account, “little or no” transfer of mail, and “very little” fax capabilities. The lawsuit filed in February 2004 in Baton Rouge federal court accused the school districts of violating the Fair Labor Standards Act by not paying overtime to teachers’ aides, custodians, secretaries, assistant coaches, bus drivers, cafeteria and maintenance workers and other hourly employees. 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 Florida against David Brown (DBA Royal Palm Property Maintenance). The case involves violations of the Fair Labor Standards Act which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. 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 U.S. District Court for the Southern District of Florida against Cleaner’s Leader 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. In 2000, California Supreme Court ruled that workers must get paid for compulsory travel time. The court has rendered a $13+ million and verdict in a class-action filed against D'Arrigo Brothers Company on behalf of laborers, who alleged that the company failed to pay them for thousands of hours spent traveling on company vans to and from the crops they picked between 1996 and 2000. The money will not be distributed until all possible appeals have been exhausted. A combination collective/class action has been filed in New York against retail giant, Target Corporation. The action is brought on behalf of all target employees who, since January 1998, have not been paid proper wages and proper overtime wages. The action is brought under the federal Fair Labor Standards Act as well as New York labor law and seeks back pay, statutory damages, liquidated damages and injunctive and declaratory relief. As a collective action under the Fair Labor Standards Act, all potential claimants must voluntarily join the action by "opting in". The employees have requested that the court issue notice as quickly as possible to all potential claimants. Federal law protects workers from unexpected job losses due to surprise layoffs. A class action has been filed against theme park owner Florida Cypress Gardens, Inc. on behalf of former employees who allege that they were laid off without the proper 60 days' notice in violation of the federal Worker Adjustment and Retraining Notification Act.
A statewide collective action has been filed in Florida against hotel giant, Fairfield Resorts, Inc. The action is brought on behalf of all current and former hourly employees of Fairfield Resorts, who since June 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. |
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