FLSA Lawsuits Alleged Unpaid Overtime and Other Labor Law Violations

Posted
by Eric Pearson

Several recent lawsuits and class action claims have been filed by workers over allegations involving the Fair Labor Standards Act (FLSA) and other labor laws:

Court overturns ruling that denied certification in Applebee’s class action lawsuit

The U.S. 2nd Circuit Court of Appeals ruled in favor of former Applebee’s employees who had filed a class action lawsuit against T.L. Cannon Corp. , the owner of the restaurant chain, over state labor law violations for missed rest breaks and “spread of hour” claims. In Roach v. T.L. Cannon Corp., No. 3:10-CV-0591, the court overturned a lower court decision denying class certification in the case, ruling that the Supreme Court’s 5-4 decision in Comcast v. Behrend doesn’t mean that the need for individualized damage calculations precludes class certification.

Four Applebee’s employees filed the class action case, which alleged that Applebee’s violated New York state law by not granting overtime pay to employees working 10 hours or more and by subtracting pay for unused breaks. The court wrote that:

because we do not read Comcast as precluding class certification where damages are not capable of measurement on a classwide basis, we reject the district court’s sole reason for denying Plaintiffs’ motion for class certification.

The 2nd Circuit remanded the case back to the district court for further consideration.

Adult dancers awarded $265,000 in FLSA overtime lawsuit over “independent contractor” status

Six adult dancers who filed a FLSA lawsuit for unpaid wages against two clubs where they worked have been awarded a judgment of more than $265,000 by a Maryland federal judge. The judge added an additional $70,000 onto a previous $197,000 jury award for the dancers.

In McFeeley v. Jackson Street Entertainment LLC et al., No. 8:12-cv-0101, the dancers alleged that while working at Fuego’s Exotic Dance Club and Club Extasy Exotic Dance Club in Maryland, they were improperly paid as independent contractors.

The essence of this entire case is that the plaintiffs and other similarly situated individuals were improperly classified as independent contractors and, as a consequence, defendants failed to pay these individuals wages and overtime compensation as required by Maryland and federal Law.

The lawsuit alleged that these wages violated FLSA overtime laws, which include guarantees of regular wages, and overtime compensation.

Indian shipbuilding workers file FLSA lawsuit against Signal International over human trafficking claims

A group of Indian shipbuilders who filed a human trafficking lawsuit against Signal International LLC has asked a Louisiana federal court to grant FLSA certification for their lawsuit against the company. The lawsuit alleges that Signal violated the Trafficking Victims Protection Act, the Racketeer Influenced and Corrupt Organizations Act, and the Fair Labor Standards Act (FLSA).

According to the workers’ FLSA allegations against the company in David et al. v. Signal International LLC et al., No. 2:08-cv-01220, Signal required fee payments from workers who came to the U.S. on temporary H2-B work visas. Signal allegedly promised the workers that they would eventually be able to live and work in the U.S. on a more permanent basis by making the fee payments.

In their original lawsuit, the workers alleged that while working for Signal, they were forced to work as welders, pipefitters and in other shipbuilding positions. The workers alleged that they were made to live in overcrowded, deplorable conditions at camps that were protected by guards.

Pinkerton security guards allege meal break violations in proposed class action lawsuit

A group of California security guards has filed a lawsuit against Pinkerton Government Services Inc. for making them remain on duty during their meal breaks. The class action lawsuit was filed on behalf of more than 1,400 Pinkerton guards who were allegedly subjected to violations of state labor laws.

According to the lawsuit (Catherine E. Avilez v. Pinkerton Government Services, No. 8:11-cv-00493), security guards were forced to remain on duty during their meal breaks instead of being given 30 minute off-duty breaks as required by California state law.

Pinkerton had argued against granting class certification in the case on the grounds that Catherine Avilez, the security guard who filed the class action lawsuit, is not an appropriate class representative. Although some Pinkerton security guards involved in the litigation signed a document waiving their right to participate in class actions against the company, Avilez was never forced to sign such a document.

Heygood, Orr & Pearson and FLSA Lawsuits

If you were made to work unpaid overtime or experienced other violations of FLSA labor laws, you may be able to file a lawsuit and seek damages for these practices. The attorneys at Heygood, Orr & Pearson have filed lawsuits against some of the largest multinational corporations in the world, and will work hard to ensure that you receive the best possible result in your case.

To learn more about filing an FLSA unpaid overtime lawsuit and to receive a free consultation about your case, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001, or by following the link to our free case evaluation form located on this website.