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McMillan’s Home Care Agency Settles Wage and Overtime Lawsuit for $1.1 Million

Nearly 1,550 home health aides who worked for a New York home care agency between April 2004 and December 2011 will share a $1.1 million class action overtime lawsuit settlement, which was approved by New York Supreme Court Judge Paul Wooten and accepted by lead plaintiff Josefina Toledo Montero.

Current and former employees will receive a portion of the settlement based on the number of overtime hours that were not paid according to state law. McMillan’s is also required to appoint an administrated to handle reimbursement and wage complaints, Crain’s New York Business reported. More McMillan’s Home Care Agency Settles Wage and Overtime Lawsuit for $1.1 Million

Managers Can Be Held Personally Liable in Wage Lawsuits

It’s a little known fact that the Fair Labor Standards Act has a broad definition of the term “employer” as which it includes “any person acting directly or indirectly in the interest of an employer,” leaving managers, supervisors, and human resource professionals potentially and personally liable in wage and overtime lawsuits.

As an explanation of the law, Business Management Daily gave the following recent case as an example. Apartment maintenance worker Victor filed a lawsuit saying he was not paid for many of the hours he worked. He named his employer in the lawsuit, of course, but also named his supervisor Jennifer. Jennifer tried to have the charges against her dismissed but the court found that because Jennifer handled time sheets, had control over Victor’s schedule, and disciplined employees, she was liable under FLSA guidelines for any employee wage and overtime violations. More Managers Can Be Held Personally Liable in Wage Lawsuits

Brighton Beach Hi-Tek Car Wash Hit with Wage and Overtime Lawsuit

Seventeen former and current employees of Hi-Tek Car Wash in Brighton Beach, New York have filed a federal wage lawsuit against company owners, alleging they earn less than minimum wage including tips.

The lawsuit was filed with the help of WASH New York, a Make the road New York and New York Communities for Change campaign which is backed by the Retail, Wholesale and Department Store Union, the NY Daily News reports. More Brighton Beach Hi-Tek Car Wash Hit with Wage and Overtime Lawsuit

Yonkers Commercial Laundry Business Sued by Feds for Wage Violations

The United States Department of Labor has filed a lawsuit against a Yonkers wholesale commercial cleaning and laundry business as well as its president, for wage and record-keeping violations.

According to the federal lawsuit, since at least 2009, Serklan Inc and Yong Hee Lee repeatedly violated the Fair Labor Standards Act by paying workers a flat cash salary for hours worked, including those over 40-hours-per- week causing the amount to drop below minimum wage and overtime requirements. More Yonkers Commercial Laundry Business Sued by Feds for Wage Violations

Hilton Hotel to Settle Worker Lawsuit for $2.5 million

Hilton Hotel has agreed to settle a wage and hour lawsuit filed in 2008 on behalf of all hourly employees of the Hilton Hotel near Los Angeles Internation Airport for $2.5 million. The lawsuit alleged that hotel did not provide meal and rest breaks, withheld wages, and failed to pay overtime to nearly 1,200 employees.

Juan Banales, a cook at the Hilton Los Angles Airport for almost 20 years, said “For years, we’ve felt like machines, only here to make and more money for the owners of the Hilton LAX. This settlement is a huge victory. We’ve just won justice and respect,” the LA Times reports. More Hilton Hotel to Settle Worker Lawsuit for $2.5 million

Wage Disputes Increasing at Startling Rate

According to a recent report by CNNMoney, collective action lawsuits, wage and overtime lawsuits brought by employees under the federal Fair Labor Standards Act, have grown by 400 percent since 2000. In fact, in 2011 alone, over 7,000 collective actions were filed in federal courts across the country. Bloomberg reported in 2007, that companies are paying out over a billion dollars a year to resolve wage and hour lawsuits.

These collective action lawsuits claim that workers are paid what they are owed, either because they are classified as overtime exempt, or were not paid for time worked. The most recent companies to be hit with wage and hour lawsuits include Taco Bell, Starbucks, Walmart, Oracle, IBM, Fremantle Media, Hooters, Groupon, and Boston Market the Huffington Post reports. More Wage Disputes Increasing at Startling Rate

Bartenders, Servers Win Wage and Tip Lawsuit

Ohio bartenders and servers who worked for 533 Short North LLC, which operates Park Street Patio has agreed to settle a federal wage and hour lawsuit filed in U.S. District Court in Columbus inn June 2010, alleging that minimum wage employees were forced to share tips with managers. In the settlement, 533 Short North LLC agreed to pay former and current employees of Park Street Patio and three other bars $150,000 in back wages.

To receive settlement monies, employees must have participated in pooling tips with a “head bartender” or worked over 40 hours per week at some time during May 8, 2010 and December 31, 2010. The Columbus Dispatch reports that over 100 bartenders and servers work for Park Street Patio and the other bars run by 533 Short North LLC. More Bartenders, Servers Win Wage and Tip Lawsuit

Kansas Meat Packers File Wage and Overtime Lawsuit

Employees of a slaughterhouse in Kansas have filed a lawsuit in U.S. District Court in Kansas against National Beef Packing Co. that seeks unpaid overtime and hourly wages.

According to the lawsuit, National Beef pays “gang-time” which pays for only time that the production line runs. Plaintiffs say that the company fails to pay employees for the time it takes to put on and take off protective gear during their unpaid meal breaks, nor does it pay for time spent walking to and from production lines, time spent wait on the line for production equipment, cleaning the equipment, and waiting on the line when it is not running. More Kansas Meat Packers File Wage and Overtime Lawsuit

U.S. Steel Workers Not Entitled to Overtime

A class action lawsuit filed by current and former workers at a U.S. Steel plant in Gary, Indiana regarding overtime wages for time spent changing into work clothes and walking to and from the locker room, has been dismissed by the 7th Circuit Court.

Writing for the court, Judge Richard Posner said about changing clothes, “Protection-against sun, cold, wind, blisters, stains, insect bites, and being spotted by animals that one is hunting-is a common function of clothing, and an especially common function of work clothes worn by factory workers. It would be absurd to exclude all work clothes that have a protective function… and thus limit the exclusion largely to actors’ costumes and waiters’ and doormen’s uniforms.” More U.S. Steel Workers Not Entitled to Overtime

Class Action Filed Against Publix Over Wage Dispute

Former managers and assistant managers have filed a lawsuit in United States District Court, Northern District of Florida, against Publix Super Markets alleging violations of the federal Fair Labor Standards Act.

According to the lawsuit, Publix should have paid their managers overtime, as non-exempt employees who are eligible for overtime, and that overtime should have been paid using ‘time and a half’ rates instead of ‘half-time’ rates for when more than 40-hours per week were worked. The lawsuit also says that Publix violates the federal Fair Labor Standards Act by not including regular bonuses received by the managers when calculating overtime pay, the Atlanta Journal-Constitution reports. More Class Action Filed Against Publix Over Wage Dispute