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Case ID: 4739 | Employment | 04/04/2006
Former workers of Havens Steel Company reached a preliminary settlement in a lawsuit filed over a dispute of an employee stock ownership plan. The proposed settlement of the class-action suit, which includes about 500 former employees and retirees, canceled a trial that was scheduled to begin early April 2006.
The lawyer representing the retirees claims that the terms of the settlement were not disclosed, and the settlement is not official until it is approved by U.S. District Judge Scott Wright. Wright is not expected to rule on the matter until sometime during summer of 2006. The judges approval would resolve the dispute that began in November 2004 when a suit was filed against Havens’ former president and chief executive, and three others who were on the company employee stock ownership plan committee and board of directors: Jesse Bechtold, Don Price, Thomas Collins and Steven Cowan. The current lawsuit was filed several months after the steel fabricator filed for Chapter 11 bankruptcy protection. The lawsuit alleges that the four officers breached their fiduciary duties by giving themselves bonuses and concentrating the plan’s investments in Havens stock at a time when the company was faltering financially. 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 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. A class action has been filed against Wal-Mart for alleged abuses including abuses for off-the-clock work for which employees were never paid, missed meal and rest breaks, and altered time records. The class has a potential for 40,000 members and consists of all current and former hourly employees of Wal-Mart's 35 stores in Washington State from 1995 to present. The class seeks damages, restitution, and injunctive relief. Current and former Caribou Coffee employees alleges Caribou misclassified its store managers and managers-in-training under the Minnesota and federal Fair Labor Standards Acts to avoid paying them overtime. The class action lawsuit that was filed claims three former Caribou Coffee managers from Minnesota routinely worked 55 hours a week as store managers but spent most of their time performing nonmanagerial duties including waiting on customers, making coffee drinks and cleaning store bathrooms. A statewide collective/class action has been filed in Illinois against the TJX Companies, who operate Marshalls, the discount clothing giant. The action is brought on behalf of all Illinois residents who have been employed by Marshalls in the period since February 2001 as hourly employees. The action is brought under both the federal Fair Labor Standards Act and Illinois wage and labor laws and seeks back pay, compensatory, statutory, liquidated and punitive damages as well as injunctive and declaratory relief. Under the Fair Labor Standards Act, all those who wish to join the collective action must voluntarily "opt-in" in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A national collective/class action has been filed in New York against The Eastman Kodak Company. The action is brought on behalf of all current and former technical support specialists or engineers, customer or technical support staff or repair and/or service staff from all Kodak operations, who since May 1998, 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 New York and other state 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. The state law claims are brought as standard class action claims with no requirement to "opt-in". A class action has been filed against Wheelchair Transport Service, Inc., the largest wheelchair transport service in Florida for violations of the Fair Labor Standards Act (FLSA), specifically for improperly classifying its contract drivers as independent contractors rather than employees. The class also alleges that the company did not compensate them according to FLSA requirements and seeks overtime compensation, minimum wages, liquidated damages, attorneys' fees and costs.
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