Wells Fargo Must Accept OT Class Action OK’d By Arbitrator

Shavitz Law Group

Braden Campbell, Law360 – July 31, 2018

A New York federal judge on Tuesday rejected Wells Fargo Advisors LLC’s challenge to an arbitrator’s decision letting workers pursue class arbitration of their unpaid overtime claims, calling the company out for trying to escape the same binding proceedings it imposes on its employees.

U.S. District Judge Valerie Caproni refused to vacate an arbitrator’s findings that language in two workers’ contracts with Wells Fargo lets them bring their claims on behalf of a class, saying the decision doesn’t fit into the narrow range of circumstances that open arbitration rulings up to court review.

The case is Wells Fargo Advisors LLC v. Sappington et al., case number 1:16-cv-08956, in the U.S. District Court for the Southern District of New York.

The workers are represented by Justin Swartz and Paul Mollica of Outten & Golden LLP, and Gregg Shavitz and Paolo Meireles of Shavitz Law Group PA.

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Shavitz Law Group represents Ex-Kitchen Collection Managers’ in OT Class Action

Shavitz Law Group

Michele Casady, Law360 – September 10, 2018

A federal judge in Texas on Monday gave the green light to a former store manager at The Kitchen Collection LLC to proceed with his Fair Labor Standards Act collective action against the nationwide kitchen goods store, alleging he and other managers were misclassified and not paid what they were owed in overtime wages.

The case is Troy Cunningham v. The Kitchen Collection LLC, case number 4:17-cv-00770, in the U.S. District Court for the Eastern District of Texas, Sherman Division.

Cunningham was represented by Alan Luis Quiles, Camar R. Jones and Gregg I. Shavitz of Shavitz Law Group PA.

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Francesca’s Store Managers Win Conditional Cert. In OT Row

Shavitz Law Group

Bill Wichert, Law360 – November 7, 2018

A New Jersey federal judge on Tuesday granted conditional certification to a class of current and former store managers at Francesca’s in a suit alleging the clothing store chain misclassified them as exempt from federal and state overtime pay requirements. 

The case is Meghan Magee et al. v. Francesca’s Holdings Corp. et al., case number 1:17-cv-00565, in the U.S. District Court for the District of New Jersey.

Francescas managers were represented by Marc S. Hepworth, Charles Gershbaum, David A. Roth and Rebecca S. Predovan of Hepworth Gershbaum & Roth PLLC, and Gregg I. Shavitz, Paolo C. Meireles and Michael Palitz of Shavitz Law Group PA.

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Court Certifies Unpaid Overtime Case for GEICO Auto-Adjusters-in-Training Represented by Shavitz Law Group

Shavitz Law Group

On December 5, 2018, A New York federal court granted conditional certification of an overtime case for current and former auto damage adjusters nationally who participated in GEICO’s auto damage adjuster training program. The trainees allege GEICO violated state and federal law when it limited the amount of overtime it paid for the time they spent on mandatory studying and homework assignments during GEICO’s 5 to 7-week training course. 

The case is Ayala, et al. v. Government Insurance Employees Ins. Co., Case No. 7:18-cv-03583 (S.D.NY.)

Read more at 24-7 pressrelease.

SLG Files Lawsuit for Unpaid Overtime against Godiva Chocolatier, Inc.

Shavitz Law Group

On December 27, 2018, in Federal District Court in New York, the Shavitz Law Group filed a lawsuit for unpaid overtime for Boutique Managers employed nationally within the last three years by Godiva. The lawsuit seeks damages for Godiva’s Boutique Managers Working in 182 Stores Across the Country

The Plaintiffs claim that they are owed unpaid overtime wages and other damages because they regularly worked overtime hours (more than 40 hours in a week) but only received their base salary, but not time-and-a-half wages for their overtime hours worked.  The Fair Labor Standards Act provides that job titles do not determine one’s entitlement to overtime pay.

Shavitz Law Group File’s Wage Suit in NY on Behalf of Hertz ‘Managers’ for Unpaid Overtime

Shavitz Law Group

John Petrick, Law360 – June 12, 2019

Workers at New York Hertz rental car locations who say they are classified as location managers despite having no managerial duties have accused the company of forcing them to work up to 20 hours a week without overtime pay. According to the proposed class action filed Tuesday in New York federal court, the location manager title is a misnomer — the only thing that makes the workers managers is that they are salaried and therefore exempt from state labor laws, meaning Hertz doesn’t pay them overtime.

The case is Polat Kemal v. The Hertz Corporation et al., case number 1:19-cv-05461, in the U.S. District Court for the Southern District of New York.

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Outback Managers Seek Bloomin’ Class Cert. In FLSA Suit

Shavitz Law Group

Chris Villani, Law360 – February 14, 2019

A putative class of Outback Steakhouse front of house managers asked a Massachusetts federal judge for conditional certification so more could join a suit claiming the chain denied them overtime pay in violation of the Fair Labor Standards Act, according to a motion filed Wednesday.

The case is Chavira v. OS Restaurant Services LLC et al., case number 1:18-cv-10029, in U.S. District Court for the District of Massachusetts.

Chavira is represented by Deirdre A. Aaron and Justin M. Swartz of Outten & Golden LLP; Gregg I. Shavitz, Logan A. Pardell and Michael J. Palitz of Shavitz Law Group PA, Christopher M. Timmel, Fran L. Rudich and Seth R. Lesser of Klafter Olsen & Lesser LLP, and Brant Casavant and Hillary A. Schwab of Fair Work PC.

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PNC Accused Of Stiffing Call Center Workers On OT

Shavitz Law Group

Matthew Santoni, Law360 – June 14, 2019

PNC Bank and its parent company failed to pay call center workers for their overtime hours by making them read work-related emails off the clock and keeping them at work during meal breaks, according to a proposed class action filed Friday in Pennsylvania federal court.

The case is Herbin et al. v. PNC Financial Services Group Inc. et al., in the U.S. District Court for the Western District of Pennsylvania.

The proposed class is represented by Gary F. Lynch of Carlson Lynch LLP, Justin M. Swartz and Cheryl-Lyn D. Bentley of Outten & Golden LLP and Gregg I. Shavitz, Paolo Meireles and Logan A. Pardell of Shavitz Law Group PA.

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Studying for a License as an Employment Requirement Is Hard Work. Shouldn’t You Get Paid For it?

Shavitz Law Group

Many employers offer to pay for training time and even pay their employees to study to pass licensing exams required for their jobs. But did you know that in many instances, the federal labor laws may require employers to pay for this time? The federal Fair Labor Standards Act (FLSA) requires that employees be paid for time spent training or studying for required exams unless employers can show:

1) the work is performed outside of regular working hours;
2) the work is voluntary;
3) the work is not directly related to the job; and
4) no other productive work is performed during this time.

If any single one of these elements is not met, you must be paid for your time worked while in training or preparing for licensing exams, including from home.

Employees generally must be compensated for all time worked, including for time spent completing required training and preparing for required exams from home. For example, if you reviewed materials or prepared for exams off the clock during training, you may be entitled to back-pay. Employers too often get away with not paying their employees for this time.

Our firm has recovered millions of dollars in unpaid overtime wages on behalf of groups of:
1) financial advisors studying for their FINRA Series exams from home at night and on weekends;
2)insurance salespeople completing training and preparing for their licensing exams from home; and
3) newly hired bank branch managers completing training assignments, as well as others.

If you have questions about your rights or would like to discuss these unpaid overtime claims and damages, please click here to complete our Contact Us form, and a member of our law firm will contact you.

The content of the article is for informational purposes only and does not contain legal or other advice and/or opinions. Shares and posts are not endorsements. Prior outcomes do not dictate future results.

Employment Laws Undergo Change In Florida With Minimum Wage Increase

Shavitz Law Group

Effective January 1, 2019, Florida’s minimum wage will increase from $8.25 per hour to $8.46 per hour.

Tipped workers will also see a climb regarding their pay. The minimum wage for tipped workers will increase from $5.23 to $5.44 an hour.

With this increase, Florida will no longer have the second-lowest minimum wage among states whose minimum wages exceed the federal $7.25 minimum. Still, it represents just a 2.5 percent increase, according to a recent Miami Herald article.

If this minimum wage increase affects you, be sure your employer immediately adjusts your pay.

If you have questions about your rights or would like to discuss unpaid wage claims and damages, please click here to complete the Contact Us form, and a member of our law firm will contact you.

The content of the article is for informational purposes only and does not contain legal or other advice and/or opinions. Shares and posts are not endorsements.