Employment Law News from the Shavitz Law Group
The Shavitz Law Group has collected over Two Hundred Million Dollars ($200,000,000.00) for deserving employees. Over the years, certain cases we have handled or co-counseled were featured in employment law news stories, highlights of which are listed below:
- $8,500,000.00 Settlement- January 2019
With national retail chain for a class of salaried assistant managers who worked uncompensated overtime hours represented by Shavitz Law Group, along with co-counsel.
- Outback Managers Seek Bloomin’ Class Cert. In FLSA Suit– 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. Subscription required to view full article
- $2,435,000.00 Settlement On January 08. 2019, a court approved a collective action on behalf of financial advisors that were misclassified as exempt from overtime while in training and not paid properly for all hours worked.
- $7,500,000.00 Confidential Settlement with National Bank
On January 08. 2019, a court approved a collective action settlement against a national bank regarding a wage and hour misclassification on behalf of Call Center employees.
- SLG Files Lawsuit for Unpaid Overtime against Godiva Chocolatier, Inc. The lawsuit seeks damages for Godiva’s Boutique Managers Working in 182 Stores Across the Country
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 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.
- Court Certifies Unpaid Overtime Case for GEICO Auto-Adjusters-in-Training Represented by Shavitz Law Group – Digital Journal- December 14, 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. Read more
- Francesca’s Store Managers Win Conditional Cert. In OT Row – 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. Subscription required to view full article.
- Shavitz Law Group represents Ex-Kitchen Collection Managers’ in OT Class Action– 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. Subscription required to view full article.
- Former Concentra Employee Claims She Was Improperly Classified, Owed Overtime Wages-ClassAction.org-August 8,2018
A former assistant center director employed by Concentra, Inc. claims she was improperly classified as an exempt employee and deprived of overtime wages.
- Wells Fargo Must Accept OT Class Action OK’d By Arbitrator– 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. Subscription required to view full article.
- Spencer Gifts Faces Overtime Lawsuit – Bloomberg News – April 11, 2018
Bryan Chapel, who worked as a Spencer store manager in Clay, N.Y., alleges the company should have paid him overtime for his extra work hours because most of his duties weren’t managerial. Instead, the company paid him an annual salary and classified him as exempt from overtime regulations. Chapel sued under the Fair Labor Standards Act and the New York Labor Law and is asking for certification of a class action. He originally filed the case in New York state court, but Spencer Gifts had the case removed April 9 to federal court, Chapel’s attorney, Michael Palitz, told Bloomberg Law in an April 11 email. Read More
- Fla. Retail Chain, Managers Strike $1.2M Deal In FLSA Suit – Law360 – May 19, 2017
A Florida based retail chain asked a federal judge on Thursday to approve a $1.2 million deal to end a Fair Labor Standards Act collective action from a group of its area managers who claimed that the company didn’t pay them for overtime. Read More
- Judge Signs Off On Craft Co.’s $2.9M FLSA Settlement– Law360 – May 8, 2017
A federal judge in Massachusetts on Monday approved a $2.9 million Fair Labor Standards Act misclassification suit against A.C. Moore Arts & Crafts Co. but balked at the attorney fee request until she can see how much would actually be paid out. Read More
- Fla. IHOP Franchisee Hit With Overtime Suit – Law360 – April 26, 2017Employees of a Florida franchisee of pancake restaurant chain IHOP filed a proposed collective action against their employer in Florida federal court Tuesday, accusing it of improperly classifying assistant managers and managers in training as being exempt from overtime pay. Read More
- AC Moore Employees Seek OK On $2.9M Deal In FLSA Suit – Law360 – April 12, 2017
A group of employees for art, crafts and floral merchandise retailer has asked a Massachusetts federal judge to approve a $2.9 million deal that would settle claims that their employer improperly classified assistant general managers as exempt from federal overtime requirements. Read more
- Fifth Third Strikes Another Worker FLSA Deal For $1M – Law360 – March 24, 2017
An Ohio federal judge preliminarily approved on Friday a $1.1 million deal that would resolve the second Fair Labor Standards Act action brought by Fifth Third Bank customer service managers who claim they were misclassified and denied overtime pay. Read More
- Golden Corral Roped Into Overtime Class Action – Law360 – January 19, 2017
Golden Corral Corp. may offer customers an endless buffet, but it has shown itself to be less bountiful to those it employs as associate managers by wrongfully exempting them from federal and state overtime pay requirements, according to a lawsuit filed in Pennsylvania federal court Wednesday. Read More
- Claims Consolidated In Chase Bank Manager Unpaid Overtime Lawsuit – Top Class Actions – January 2, 2017
Two claims by employees of Chase Bank are expected to soon be consolidated into a single bank manager unpaid overtime class action.. A large number of assistant bank managers may be considered class members in this lawsuit. Indeed, Chase Bank has over 5,500 branches in the country.
- Noodles & Co. Will Pay $3 Million to Settle Overtime Claims – Bloomberg – December 29, 2016
Noodles & Company will pay $3 million to settle the overtime pay claims of a nationwide class of assistant general managers who said they were wrongly classified as exempt employees under the Fair Labor Standards Act ( Castillo v. Noodles & Co., N.D. Ill., No. 16-3036, settlement approved 12/23/16 ). Read More
- Petco, Groomers Reach Deal In Clipped Wages Suit – Law 360 – December 9, 2016
A group of current and former Petco Animal Supply Stores Inc. pet groomers has reached a settlement with the retail chain according to a letter released on Thursday, ending their class action claiming the stores forced thousands of groomers to pay for grooming tools required for their jobs. Read More
- Judge Affirms $6M PNC Settlement With Branch Managers – Law 360 – November 29, 2016
An Illinois federal judge signed off Tuesday on a $6 million settlement in a class action brought by a group of former and current PNC Bank NA assistant branch managers who say they were denied overtime owed under the Fair Labor Standards Act. Read More
- Department Store Workers Score Cert. In Overtime Pay Suit – Law 360 – November 28, 2016
A Missouri federal judge on Monday granted conditional certification to a class of assistant managers at Midwest department store chain Gordmans Stores Inc. in a lawsuit accusing their employer of violating the Fair Labor Standards Act, ruling that the workers demonstrated the possibility of a companywide policy misclassifying them as overtime-exempt. Read More
- Barnes & Noble Cafe Managers Deserve OT Pay, Suit Says – Law 360 – September 20, 2016
A Barnes & Noble cafe manager launched a proposed class action lawsuit in New York federal court on Tuesday alleging the bookstore giant classified managers as salaried employees under the Fair Labor Standards Act in order to avoid paying overtime, even though they perform a similar job function to nonexempt workers. Read More
- Pilot Travel Center Workers Get Collective Cert. In Pay Row – Law 360 – June 17, 2015
A nationwide class of Pilot Corp. restaurant and retail employees, possibly numbering more than 82,000, won conditional collective status Tuesday in a federal suit accusing the travel center company of manipulating time records to conceal off the clock work. Read More
- Officemax VP Aided In Worker Misclassification, Court Told – Law 360 – March 13, 2015
Workers accusing OfficeMax Inc. of withholding its assistant managers’ overtime wages in a collective action urged a New York federal judge on Friday to compel the company’s corporate representative to testify about communications with its in-house counsel, saying he played a “lead role” in the decision to classify the employees as exempt. Read More.
- Merrill Lynch, BofA Hit With OT Claims By Ex-Trainees – Law 360 – March 6, 2015
Two former Merrill Lynch & Co. Inc. financial adviser trainees launched a proposed class action in New York federal court Thursday against the brokerage and its parent Bank of America Corp., alleging it failed to pay them for the up to 30 hours of overtime they worked each week. Read More
- TCF Bank Accused of Wage Violations, According to Workers’ Legal Team – Bloomberg – March 3, 2015
A federal class-action lawsuit filed today accuses TCF Bank of misclassifying workers to avoid paying overtime compensation in violation of federal and state wage laws… Read More.
- Fifth Third Strikes $3M Deal In Worker Misclassification Case – Law 360 – February 20, 2015
Fifth Third Bank customer service managers alleging they were improperly classified as exempt from overtime asked a Pennsylvania federal judge on Wednesday to grant final approval of a settlement in which the bank would pay $3.25 million to resolve the Fair Labor Standards Act collective action. Read More
- Jimmy John’s Asst. Managers Sue Over ‘Executive’ Label – Law 360 – January 6, 2015Jimmy John’s LLC owes its assistant store managers overtime wages for improperly classifying them as “executives” despite the fact that they primarily make sandwiches, according to a potential class action filed in Florida federal court on Monday. Read More
- Office Depot Hit With Overtime Pay Class Action Lawsuit – Washington Examiner – December 1, 2014
Plaintiff Brian Danley is seeking class status for all current and former impress managers who worked at Office Depot or OfficeMax. Danley claims the company violated the Fair Labor Standards Act of 1938, which requires overtime pay for certain employees.
- Charles Schwab Consultants’ $4M OT Deal Gets Green Light – Law 360 – November 4, 2014
A New York federal judge on Tuesday gave final approval to a $3.8 million settlement entered into between Charles Schwab & Co. Inc. and a proposed class of financial consultants claiming they were misclassified and denied overtime. Read More
- TD Bank Shells Out $10M For Overtime Class Action – Law 360 – August 22, 2014
TD Bank NA has agreed to pay $9.9 million to settle a class and collective action alleging that the bank has failed to pay assistant store managers overtime wages, according to court documents filed Friday in New York federal court. Read More
- Morgan Stanley’s $4.2M Deal In OT Class Action Gets Nod – Law 360 – August 21, 2014
A New York federal judge on Thursday preliminarily approved the $4.2 million settlement Morgan Stanley & Co. LLC has agreed to pay to end a collective action accusing the financial services company of failing to pay overtime to client services associates. Read More
- Morgan Stanley to pay $4.2 million to settle... – Fox Business – August 14, 2014
Morgan Stanley (MS) and sales assistants in its wealth management branch system who claimed they were owed overtime pay agreed to a $4.2 million settlement. Read more
- Capital One Strikes $3M Settlement In Managers’ OT Row – Law 360 – August 4, 2014
A New York federal judge on Friday gave preliminary approval to a $3 million settlement of a putative class suit with New York, New Jersey and Maryland subclasses that accused Capital One NA of denying assistant branch managers proper overtime. Read More
- Merrill Lynch To Pay $7M To Settle Advisers’ OT Claims – Law 360 – May 8, 2014
Merrill Lynch & Co. Inc. has agreed to pay $6.9 million to settle a proposed wage-and-hour class action brought by current and former financial advisers who accused the company of misclassifying them as exempt from overtime, according to documents filed Wednesday in New York federal court. Read More
- Charles Schwab Settles Financial Consultants’ OT Suit – Law 360 – April 21, 2014
Financial services company Charles Schwab & Co. Inc. on Friday said that it had settled a proposed collective and class action in New York accusing it of failing to pay legally required overtime. Read More
- KeyBank To Pay $3.5M To Settle FLSA, Unpaid OT Claims – Law 360 – March 14, 2014
KeyBank NA has agreed to pay $3.5 million to settle a putative class and collective action alleging it misclassified certain customer service employees to avoid paying them overtime in violation of the Fair Labor Standards Act and state laws, according to documents filed Friday in New York federal court. Read More
- Morgan Stanley Financial Advisers Get Class Cert. In OT Suit – Law 360 – February 7, 2014
A federal judge in Florida on Friday granted conditional certification to a class of Morgan Stanley & Co. financial advisors who allege the bank withheld overtime compensation. Read More
- Merrill Lynch Can’t Force Arbitration Of Wage Class Action – Law 360 – September 11, 2013
Merrill Lynch & Co. Inc. failed to convince a New York federal judge to force financial advisers who filed a proposed wage-and-hour class action against the company to arbitrate their dispute after the judge found the Financial Industry Regulatory Authority rules that governed the agreement between the parties forbade arbitration. Read More
- Enterprise’s $7.8M Settlement Approved in FLSA Row – Law 360 – August 29, 2013
Regional branches of Enterprise Holdings Inc. will pay $7.8 million to settle claims by a class of former assistant managers that the rental car company breached the Fair Labor Standards Act when it illegally exempted them from being paid overtime, according to a deal signed by a Pennsylvania federal judge Wednesday. Read More
- HSBC’s $15.6M Deal OK’d In Workers’ OT Suit – Law 360 – April 30, 2013
A New York federal judge Tuesday granted preliminary approval to a $15.6 million settlement between HSBC Bank USA NA and almost 2,000 bankers, managers, and specialists who claim the company adopted high productivity requirements compelling employees to work overtime, but didn’t compensate them for those hours. Read More
- KeyBank To Pay $4.9 Million To Settle Overtime Claims – April 29, 2013
Keybank, N.A. agreed to pay $4.9 million to settle overtime claims brought by a class of Relationship Managers who claimed that the company breached the Fair Labor Standards Act and state law when it misclassified them as exempt. The settlement was approved by the Court on April 29, 2013. The case is Beckman, et al v. Keybank, N.A., case number 12-civ-7836 in the U.S. District Court for the Southern District of New York.
- Enterprise Branches Reach $8M Settlement In OT Pay MDL – Law 360 – April 15, 2013
Regional branches of rental car giant Enterprise Holdings Inc. have agreed to pay $7.75 million to end multidistrict litigation alleging they didn’t pay their assistant rental managers overtime wages, according to court documents filed Friday in Pennsylvania. Read More
- Merrill Lynch and BofA To Pay $7 Million To Settle Overtime Claims – March 21, 2013
Merrill Lynch & Co. and Bank Of America Corporation agreed to pay up to $7,000,000.00 to settle overtime claims brought by a class of Financial Solutions Advisors who claimed that the company breached the Fair Labor Standards Act and state law. The settlement was approved by the Court on March 21, 2013. The case is Hernandez et al. v. Merrill Lynch & Co. et al., case number 1:11-cv-08472 in the U.S. District Court for the Southern District of New York.
- Morgan Stanley Client Services Associates Win Cert In OT Collective Action – Law 360 – February 7, 2013
A New York federal judge on Thursday conditionally certified a Fair Labor Standards Act collection action accusing Morgan Stanley & Co. LLC of shorting its client services associates on overtime pay, finding the plaintiffs had adequately claimed they were subject to an unlawful overtime policy. Read More
- Dollar Tree Managers Win Cert. In FLSA Overtime Suit – Law 360 – August 27, 2012
A group of Dollar Tree Stores Inc. managers may proceed together in a suit accusing their employer of depriving them of overtime pay and other wages after a Colorado federal judge on Friday ruled they had presented substantial allegations the retail chain violated federal labor law. Read More
- Enterprise Can’t Get 4 Managers Kicked Out Of Overtime MDL – Law 360 – July 23, 2012
A Pennsylvania federal judge on Friday refused to grant summary judgment against four sample plaintiffs in the overtime multidistrict litigation against Enterprise Rent-A-Car Co. Inc., saying there were too many disputed facts to grant the rental car company’s requests. Read More
- Dr Pepper Can’t Shake Wage Suit Over OT, Lunch Breaks – Law 360 – July 2, 2012
A Florida federal judge on Thursday refused to dismiss a proposed class action accusing Dr Pepper Snapple Group Inc. of unlawfully deducting lunch break time from workers’ pay and withholding overtime compensation — rejecting the beverage giant’s arguments that the plaintiff’s claims weren’t specific enough. Read More
- DeVry To Pay $1.3M To Close Book On Overtime Suit – Law 360 – June 28, 2012
Plaintiffs on Wednesday argued for approval of a settlement in which for-profit educator DeVry Inc. would shell out $1.3 million to close the book on a collective action overtime suit brought by online admission advisers in Illinois federal court. Read More
- Mattress Firm Pays $1.6M To Put OT Class Action To Rest – Law 360 – May 21, 2012
Mattress Firm Inc. has agreed to pay $1.6 million to put to bed claims of unpaid overtime wages made by nearly 800 current and former managers at its stores across the U.S., according to court documents Friday. Read More
- $1.7M Settlement Gets Green Light in Goodyear OT Suit – Law360 – May 10, 2012.
A $1.7 million settlement deal should wrap up a collective action brought against Goodyear Tire & Rubber Co. by service managers who said the company misclassified them and failed to pay them overtime, a magistrate judge in Florida said Wednesday. Read More
- Merrill Lynch Overtime Suit Gets Preliminary Class Cert – Law360 – April 6, 2012
A New York federal judge gave preliminary certification Friday to a class of Merrill Lynch & Co. Inc. financial advisers who allege Merrill Lynch misclassified them as overtime-exempt under the Fair Labor Standards Act. Read More
- E-Trade To Pay $1.5M To Settle OT Suit – Law 360 – February 23, 2012. E-Trade Financial Corp. agreed Thursday to pay $1.5 million to settle with a proposed class of relationship managers who had accused the financial services giant of denying them overtime pay in violation of the Fair Labor Standards Act. Read More
- CVS Gets Green Light For $34M Wage Action Settlement – Law 360 – December 9, 2011
A Rhode Island federal judge granted preliminary approval Friday to CVS Pharmacy Inc.’s $34 million class action settlement with employees in 11 wage-and-hour suits accusing the pharmacy services provider of failing to pay proper overtime to assistant store managers. Read More
- KFC Operator Can’t Nix OT Suit By Repaying Worker: Judge – Law 360 – September 14, 2011
A Florida federal judge on Wednesday shot down a KFC Corp. franchisee’s bid to toss a Fair Labor Standards Act suit lodged by a former assistant manager, saying the company’s offer to compensate her for unpaid overtime did not provide full relief. Read More
- AmTrust Unit Settles Ex-Banker’s FLSA Suit – Law 360 – July 19, 2011
A Florida federal judge on Tuesday approved a settlement to end a proposed overtime collective action brought by a former personal banker at AmTrust Bank Investment Services Inc., a unit of the now-bankrupt AmTrust Bank. Read More
- Regions Bank, Former Teller Settle OT Action – Law 360 – April 25, 2011
Regions Bank has agreed to settle a class action brought by a Florida ex-teller who claimed the bank routinely failed to pay its tellers overtime, the two sides said Monday. Read More
- Despite Backlash, Florida To Remain FLSA Hotbed – Law 360 – November 18, 2009
A concentration of low-wage workers, midsize businesses and vigorous plaintiffs firms has made Florida a favorite spot for Fair Labor Standards Act litigation, and despite a judicial backlash — one judge called the situation “out of hand” — the FLSA hot spot shows no signs of cooling down, according to lawyers. Read More Stay tuned for more Employment Law News from the Shavitz Law Group.