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Case ID: 4752 | Employment | 04/10/2006
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.
Before going to trial, the Padres re-classified these employment positions as non-exempt and settled all claims with current and former sales employees who worked during the applicable four-year statutory period under California law. The specific terms of the settlement were not released will remain confidential. However, since the sales positions were all reclassified, all affected workers are entitled to compensation. Under California law, all employees are presumed to be entitled to overtime pay unless the employee in question falls "plainly and unmistakably" within narrowly defined exemption categories. Sales employees in California are often misclassified by employers as exempt from overtime pay due to the employers' failure to comply with the exemption categories' strict requirements. Under California law, misclassified employees are entitled to four years of overtime compensation (at "time and a half" and "double time" rates) plus various other remedies, including attorneys' fees, litigation costs and interest at the rate of 10 percent per annum. 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 Maine’s Wild Blueberry Growers Win $56 Million Antitrust Verdict Against Blueberry Processing Cartel Price-fixing by powerful cartels occurs in unlikely-seeming places. The jury has returned a $56 million verdict in an antitrust class action filed against three Maine blueberry processing companies on behalf of Maine wild blueberry growers who directly or indirectly sold wild blueberries to them from February 28, 1996, through February 28, 2000. The money will not be distributed until all possible appeals have been exhausted. 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 national class action filed against health and beauty company Avon Products, Inc., on behalf of independent sales representatives, has been revived by an appellate court after being dismissed by the Los Angeles County Superior Court. The lawsuit alleges that Avon artificially boosted its financial performance by "channel stuffing " -- forcing independent sales representatives to pay for unordered products even after the shipments are returned to Avon, in violation of California unfair competition and business practices laws. A class action has been filed on behalf of home health care workers employed by Magna Community Living Services, a Tulsa based provider of home health services. The suit alleges that workers employed at Magna between 2001 and 2004 routinely worked more than 40 hours a week but were not paid overtime as required by the Federal Fair Labor Standards Act. The plaintiffs seek an award of the unpaid overtime with interest, attorney's fees and costs, as well as liquidated damages and equitable relief. TRW Automotive U.S. Reaches $2.3 Million Settlement in Michigan/Indiana Racial Discrimination Action Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin. The parties have reached a tentative $2.3 million settlement in a class action filed against automobile parts manufacturer TRW Automotive U.S., LLC, on behalf of current and former African American employees at TRW's plant in Portland, Michigan, or its Lafayette or Lebanon, Indiana, facilities who allege that the company discriminated against them in promotions, compensation, training, and other employment practices in violation of federal civil rights laws between January 1, 1995, and July 23, 2003. Eligible claimants should contact the class attorneys as soon as possible regarding the settlement.
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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