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Case ID: 4820 | Employment | 05/30/2006
Two African Americans claim that McCormick & Schmick's Seafood Restaurants, Inc. systematically discriminates against African-American job applicants. Additionally, it assigns the few it does hire to "low-paid, menial jobs where they do not interact with the public," said an attorney representing the plaintiffs. The plaintiffs leading the nationwide lawsuit include a waitress forced to work in the back of the dining room, and a certified, experienced bartender who was turned down for a job with an all caucasian crew.
Juanita Wynne, 27, has worked seven years at a company restaurant in Berkeley, California, where she said she is the only African American food server and is assigned to the back of the room, despite repeated requests for promotions. She said she had to take a cut in hours and pay when her white co-workers did not. Dante Byrd, 29, said he applied twice to work at the restaurant and was turned down in spite of having seven years experience and a bartending school diploma. Attorneys for the plaintiffs claim they surveyed half of McCormick & Schmick's restaurants and found that caucasians almost always hold the most visible, better-paid jobs serving food and tending bar, while African-American employees usually clear tables or work in the kitchen. Further, they said that managers have been told to hire fewer African Americans, to bar them from "front-of-the-house" positions and to discipline them more harshly. The suit, filed in federal court in San Francisco, seeks court orders to change company practices, as well as back pay and punitive damages. Attorneys said that hundreds of low-paid employees and thousands of job applicants could be involved in the case. The lawsuit is open to any current or former African-American employee of McCormick & Schmick Restaurants who believes they experienced discrimination. 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 New York against 3795 10th Avenue Parking 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. A class action lawsuit has been filed in the Southern District Court of Florida against Paradise Entertainment Corporation. 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 nationwide class/collective action has been filed in California against truck stop Giant, Pilot Travel Centers, LLC and its parent company, Pilot Corporation. The action is brought on behalf of all general managers, co-managers, operations managers, sales managers, guest service managers, and human resource managers who since December 11, 1999, in California and December 11, 2000, nationwide were denied overtime compensation by Pilot. The action is brought both under the federal Fair Labor Standards Act and the California labor and business professions codes and seeks back pay, liquidated damages and statutory penalties as well as declaratory and injunctive relief. The action is both a class action, for violations of California law, and a collective action under the federal Fair Labor Standards Act. Those residing outside of California who wish to be considered for the action must "opt-in" voluntarily to be considered a claimant. The managers have requested the court give notice to all potential claimants. A national collective action has been filed in Minnesota against financial giant, Bank of America. The action is brought on behalf of all current and former Bank of America loan officers who 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 compensatory, 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. According to a class-action lawsuit filed in Miami, the financial department of Dell violated federal anti-discrimination laws by denying loans to Hispanics who do not speak English. The lawsuit was filed on behalf of businessman Juan Carlos Arteaga, alleging violations of the Federal Equal Credit Opportunity Act. Arteaga's attorney is seeking an injunction against Dell to prevent the company from discriminating on the basis of language to other potential customers as the case is pending.
A class action lawsuit has been filed in the Middle District Court of Florida against Win-Dar Construction Company Inc. for violations of the Fair Labor Standards Act (FLSA) 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. Class members seek unpaid overtime compensation, damages, attorney's fees and costs of the litigation. |
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