BLOG

Janitors and other building maintenance personnel have recently filed a class and collective action lawsuit against On Point System & Management Inc. for numerous wage violations.Fitapelli & Schaffer, LLP filed the lawsuit on November 8, 2021on behalf of all similarly situated non-exempt hourly positions such as porters and cleaners who work or have worked for On Point System & Management Inc. (“On Point”) in New YorkState. The company provides janitorial services, laundry services, security watch services to facilities throughout New York. This lawsuit seeks to recover minimum wage compensation and other damages for janitors and similarly situated non-exempt ...

Delivery drivers for CVS Health Corp., specifically its subsidiary, Omnicare, have recently settled claims for unpaid wages. A district judge in West Virginia approved the nearly $12 million settlement this past Monday resolving claims under the Fair Labor Standards Act (“FLSA”). The class of delivery drivers alleged that they were incorrectly classified as independent contractors and in turn deprived of significant wages. The $11.9 million settlement will benefit over 1,200 current and former drivers for Omnicare.

The drivers, who delivered pharmaceutical and medical items to health care entities nationwide, claimed they should have been classified as employees as opposed to independent contractors.These drivers were unable to exercise discretion ...

Nurse practitioners and physician assistants for the federal government have just resolved claims of unpaid wages for a staggering $160 million. These care providers whoworked for the U.S. Department of Veteran Affairs alleged they went unpaid when working overtime hours.Approximately 3,200 current and former nurse practitioners and physician assistants who worked for this federal agency stand to benefit from this payout.

Nurses claimed they were forced to complete significant hours of overtime in order to update patients’ electronic health records. Monitoring and responding to patient-related notifications in the Computerized Patient Record System known as “View Alerts” were often completed after their normal ...

Meatpackers for Cargill Meat Solutions Corp., a Pennsylvania meat plant, have recently filed a class action lawsuit alleging they are owed significant wages. Meatpackers for the company have claimed they went unpaid for time spent undergoing COVID screenings.Thousands of workers at the company’s two plant locations could be affected under the Pennsylvania Minimum Wage Act (“PMWA”).  

In order to adhere to company policy, employees at these meat plants had to arrive to work prior to their shift starttimes and spend time during their lunch breaks completing COVID-19 symptom checks. Meatpackers went completely unpaid ...

Nurses for Humana, one of the nation’s largest publicly-traded health and supplemental benefits companies, will soon receive millions in unpaid wages. A collective action lawsuit filed back in 2017 accused the health provider of wrongfully classifying a group of nurses as exempt from receiving overtime pay under the Fair Labor Standards Act (“FLSA”). All clinical nurse advisors or those in similarly situated positions such as Clinical Intake, Clinical Claims Review, Clinical Claims Review, DME, Acute Case Managers, Market Clinical, and Senior Products utilization management nurses that worked for Humana at any time within the ...

Misclassified independent contractors for a Utah alcohol control agency have alleged they are owed significant wages. In a recently filed collective action lawsuit, these workers claimed that the Utah Department of Alcoholic Beverage Control failed to correctly compensate them for overtime hours worked. The collectiveaction lawsuit was filed by 13 former and current workers in federal court and is seeking $8 million in damages under the Fair Labor Standards Act (“FLSA”).

According to the filed complaint, these workers or package agents should have been considered employees of the company but were instead misclassified independent contractors. The agency holds an extensive amount of ...

Walmart has just agreed to pay $35 million to resolve wage statement claims to a group of store employees. A class action lawsuit that was filed nearly four years ago in California alleged that Walmart failed to provide accurate written wage statementsas required by California law. Even though Walmart denies any wrongdoing, they have come to an agreement to pay $35 million to resolve the potential claims of approximately 265,000 current and former employees. 

California State Law requires employers to furnish accuratepaystubs to its workers. The original complaint claimed that even though Walmart provided electronic wage statements it ...

Manual workers of Lowe’s Home Centers who filed a class action last year for untimely wage compensation will continue to move forward with their claims to try and recover owed wages. The district judge on this case, Rachel P. Kovner, denied in part Lowe’s motion to have the case dismissed. This case which was filed February 28, 2020 will continue to move forward under New York Labor Law (“NYLL”) §§ 191 and 198(1-a) and seeks to represent all manual workers ...

A new biometric privacy law in New York City has recently gone into effect. Following in the footsteps of other cities with strict biometric laws, such as Chicago and Portland, NYC is stepping up protection measures for consumers. With significant technology advancements over the years, the way companies keep track of its consumershas drastically changed. Identifying people via retina, facial and fingerprint scans is now commonplace. Many big retail stores collect biometric identifier information by taking images of unsuspecting customers while they are shopping. Unfortunately, having your biometric data on file somewhere can leave you vulnerable, especially if you don’t know what the ...

Front line medical workers in New York have just confirmed a huge win of significant owed wages. Nearly 2,500 EMTs and paramedics will keep their $14.5 million award after they filed a class action lawsuit back in 2013 under the Fair Labor Standards Act (“FLSA”). Despite the city and FDNY disputing the award and asking it be overturned, a U.S. District Judge Vernon S. Broderick ruled in favor of the front line medical workers. The federal judge noted that the city’s FLSA violations were willfully enforcing policies that kept these essential workers from getting paid for all of the ...