Posted on September 3rd, 2010
Zumiez Inc. has increased the settlement cost of a class action overtime lawsuit in California from $1.3 million to $2.1 million.
According to documents filed by the Securities and Exchange Commission, the Everett-based you apparel retailer said “the lawsuit is similar to numerous lawsuits filed against retailers and others with operations in California. Although the company believes that the allegations in the lawsuit lack merit, it has agreed to a mediator’s proposal to settle the claims in the lawsuit to avoid significant legal fees, other expenses and management time that would have to be devoted to protracted litigation.
According to fourth-quarter earnings published by the company, the settlement increase means a jump in operating loss from last quarter’s $2.1 million to $2.4 million. The company is reporting a net loss for the quarter of $1.2 million and reducing its diluted earnings per share by 4 cents.
If you feel you have not been given the overtime payment you deserve, you should contact an Overtime Collection Attorney of Tycko & Zavareei, LLP., by calling 202-973-0900.
Posted on August 27th, 2010
A police sergeant is suing the city of Chicago for two years of overtime back pay because he had to continue working on his BlackBerry phone after his shift ended.
According to court documents. Sgt. Jeffrey Allen of the Chicago Police Department claims he is owed serious compensation for thee extra work he completed and was required to put on his mobile device. Allen’s attorney, Paul Geiger, said his clients job essentially required off-duty work on his PDA. “What we are saying is he’s using the mobile device at the behest of the Police Department very routinely and very often off-duty and not being compensated for all the time spent on the device doing the city’s work,” said Geiger.
Chicago Mayor Richard Daley criticized the lawsuit, calling it “silliness in time of economic crisis.” He added, “we’d have to take all the BlackBerrys away from public servants.”
If you feel you have not been given the overtime payment you deserve, you should contact an Overtime Collection Lawyer of Tycko & Zavareei, LLP., by calling 202-973-0900.
Posted on August 20th, 2010
Two brothers who own a chain of Los Angeles car washes were sentenced to prison and ordered to pay $1.25 million in unpaid wages to 54 workers in a wage left lawsuit.
According to court documents, Benny and Nissan Pirian each pleaded no contest Friday to six criminal counts, including conspiracy, grand theft, and several labor code violations. They were each sentenced to one year in prison and ordered to pay restitution.
Deputy City Attorney Julia Figueira-McDonough called the lawsuit a “landmark” case. “What occurred at the car washes doesn’t fit the technical definition of ‘indentured servitude,’” Figueira-McDonough said. “But people worked for years without receiving the minimum wage or overtime; they worked in hazardous conditions where they were regularly exposed to chemicals and not provided with safety equipment to prevent injury. They weren’t provided with drinking water… It was really a sweatshop.”
According to the criminal complaint, workers received a flat rate of $35 or $40 a day – far below the federal and state minimum wages. Workers were also denied overtime pay.
If you feel you have not been given the overtime payment you deserve, you should contact an Overtime Collection Attorney of Tycko & Zavareei, LLP., by calling 202-973-0900.
Posted on August 13th, 2010
Department of Corrections employees have filed a class action lawsuit against the Department of Administration after a 12 week delay in overtime payment.
According to court documents, ten employees of DepCor claim that officers have not been paid their $1 million in overtime, as well as being behind on hazardous pay and night differential. Attorney Dan Somerfleck, representation for the employees, said DepCor is ignoring its workers. “They’re working and not being paid at all. It would be one thing if they were getting paid their regular salary but they’re not even getting paid their regular hourly wage when they work overtime. They are getting paid nothing.”
“Here they are working and putting in extra hours and they have nothing to show for it,” said Somerfleck. “Another thing that comes into play with this is these correction workers have families and obligations to make.”
The Governor’s Office says about $500,000 has been transferred into DepCor’s account to pay for the overtime but the release of any funds is a stand still pending a review by a company director.
If you feel you have not been given the overtime payment you deserve, you should contact an Overtime Collection Lawyer of Tycko & Zavareei, LLP., by calling 202-973-0900. Know your rights and your options, and be sure to discuss your case with a legal professional today.
Posted on August 5th, 2010
Former employees of the famous New York City sandwich wholesaler, Bimmy’s, are suing the company for allegedly violating federal and state labor laws.
According to court documents filed in Brooklyn federal court, Bimmy’s and its owner, Elliot Fread, are accused of failing to pay the workers who prepare its sandwiches in factories in New York City the applicable minimum wage rate for all hours worked and overtime. The lawsuit claims the company’s practices violate the federal Fair Labor Standards Act and the New York Labor Law.
Attorney Rachel Bien, who represents the two former Bimmy’s employees who filed the lawsuit, released a statement saying: “Bimmy’s slogan is ‘Food Made With Love.’ Unfortunately, our clients allege that Bimmy’s have not shown the same love to the workers who actually make the food. We hope that this lawsuit will convince Mr. Fread to change his company’s policies and practices.”
If you feel you have not been given the overtime payment you deserve, you should contact an overtime collection attorney of Tycko & Zavareei, LLP., by calling 202-973-0900. Know your rights and your options, and be sure to discuss your case with a legal professional today.
Posted on July 30th, 2010
Employers guilty of wage theft will face stiffer penalties in Illinois under a new bill that is set to be signed into law.
Governor Pat Quinn is scheduled to sign the new wage theft bill Friday. Under the new law, a repeat offense by an employer will be considered a felony instead of a misdemeanor. Employers who violate wage theft laws will have to pay employees back with interest.
The new legislation gives the Illinois Department of Labor increased oversight in dealing with the more than 10,000 wage theft claims it sees annually. The agency would directly deal with claims of $3,000 or less, which make up the majority of claims.
The law also provides some new worker protections, like anti-retaliation provisions.
Cases like this illustrate the way in which workers can be worked tirelessly without proper compensation from their employer. If you feel you have not been given the overtime payment you deserve, you should contact a Overtime Collection Lawyer of Tycko & Zavareei, LLP., by calling 202-973-0900. Know your rights and your options, and be sure to discuss your case with a legal professional today.
Posted on July 23rd, 2010
Farm workers in California are waiting for Governor Arnold Schwarzenegger to sign a bill to dramatically change the state of California’s overtime pay laws for farmers.
Currently, farmers in California receive overtime pay only if they work over ten hours a day or over sixty hours a week. The traditional overtime regulations for other occupations give workers time-and-a-half, or overtime pay, if they work over eight hours a day or forty hours a week.
State Senator Dean Florez introduced Senate Bill 1121 to change the overtime law for farm workers so that they could receive the traditional overtime pay of over eight hours a day or forty hours a week. The bill has already been passed by the California senate and now only needs a signature from Governor Schwarzenegger.
If you or someone you know is not receiving the overtime pay they deserve, contact the Fair Labor Standards Act lawyers of Tycko & Zavareei LLC at 202-973-0900 to learn more about your rights.
Posted on July 16th, 2010
The U.S. Department of Labor is fighting for pharmaceutical sales representatives’, or drug reps, rights to overtime pay. So far, federal courts have dismissed two arguments made by drug companies failing to pay overtime to drug reps.
Federal courts first rejected the argument that drug reps should be classified under the Fair Labor Standard Act’s “Outside Salesman” exemption. They found that this exemption does not apply to pharmaceutical sales rep because they are not technically selling products, but providing information to physicians about a drug. In fact, drug reps are prohibited by both state and federal law from actually making sales.
Secondly, courts rejected the argument that drug reps are exempt as “Administrative Employees” because the number of visits to physicians’ offices is set by the drug company, not by the drug rep.
These decisions could be the first step to pharmaceutical sales representatives receiving the overtime pay that they deserve.
If you or someone you know is not receiving the overtime pay they deserve, contact the Washington D.C. overtime lawyers of Tycko & Zavareei at 202-973-0900 to learn more about your rights.
Posted on July 9th, 2010
Two southern California port drivers have filed a class action lawsuit against Sun Pacific Trucking and Pacific Green Trucking alleging they were denied minimum wage, meal and rest periods.
Adam Luetto, who is representing the truck drivers said wage theft in the industry is common. “Port drivers consistently claim that they are forced to drive long hours without breaks and required to perform work they never get paid for… These drivers, unsurprisingly, are simply tired of working for free and we are working hard to hold their employers responsible for such unlawful employment practices.”
Jorge Ramirez, one of the plaintiffs said wage theft was commonplace at the company. “Sun Pacific didn’t pay us for all of our time,” Ramirez said. “Nearly every day, Sun Pacific would have us work an extra hour here, an extra half-hour there. By the end of the week, all those hours add up, but we would never see our hard-earned money.”
If you have been cheated out of your proper wages, you may be eligible to reclaim those funds. Contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.
Posted on July 2nd, 2010
The New York State Senate and Assembly passed a historic piece of legislation, Friday, designed to combat wage theft in New York.
The new legislation will make it easier for cheated workers to collect on unpaid wages and hold employers accountable for violating wage and hour law. The bill’s reforms put the state on par with national leaders in the fight against wage theft, a crime wave which is responsible for nearly $1 billion stolen from workers every year in New York City alone.
The bill also ensures that responsible employers will operate fairly with those employers who would seek to violate wage laws. As more wages are paid properly, tax payers could benefit from some kind of tax relief.
If you have been cheated out of your proper wages, you may be eligible to reclaim those funds. Contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.
