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Construction Safety Flaggers in NY Sue for Unpaid Wages

Construction site safety flaggers have just filed a class and collective action against Akela Contracting LLC and JDV Safety for unpaid wages. Akela, a large-scale construction contractor based out of New York with various construction projects with the City, utilized JDV Safety to provide safety services for these projects. As the prime contractor, Akela used JDV Safety to provide Flagpersons or Flaggers to their construction sites. This lawsuit seeks to recover overtime compensation and other damages under New York Labor Law (“NYLL”) and the Fair Labor Standards Act ...

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Call Center Employees to Receive $1.7M in Unpaid OT Settlement

Call center employees of Nelnet, a student loan servicer, have just resolved claims of unpaid wages. Nelnet allegedly failed to pay its call center workers the proper overtime wages when working over 40 hours in a work week. The collective action settled for nearly $1.7 million which will benefit 336 current and former call center employees of Nelnet under the Fair Labor Standards Act (“FLSA”).

A Colorado federal judge gave final approval this past week ending the lawsuit that was originally brought back in 2017. The lawsuit specifically alleged that Nelnet violated the FLSA and Colorado state law by ...

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Chicken Plant Workers Settle for $3.3M in Unpaid Wages 

A large group of workers in chicken plants have just resolved claims of unpaid wages for $3.3 million. The workers alleged they went significantly underpaid when hired out by subcontractors for federally funded contracts to remove potentially infected poultry waste. The main contractor responsible for the affected workers is the Massachusetts based Clean Harbors Environments Services Inc. They allegedly failed to ensure that workers were getting paid in accordance with the contracted rates. The settlement will recover wages for more than 4,000 workers throughout nearly 90 job locations across the state of Iowa.

The lawsuit specifically noted that subcontractors for ...

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Planet Fitness Sued by Manual Workers in NY for Unpaid Wages

Planet Fitness has just been sued by its employees in New York alleging they went underpaid in accordance with New York Labor Law (“NYLL”). The class action lawsuit was filed this past Wednesday, January 19, 2022, and seeks to recover untimely wage compensation and other damages for similarly situated hourly manual workers. Affected employees include allmember service representatives, fitness trainers, front desk employees, and other employees in similar hourly positions who work or have worked as manual workers for Planet Fitness in New York State between June 5, 2015 and the date of final judgment in this matter.

Despite being considered ...

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Old Navy Sued for Failing to Pay its Hourly Workers on Time

Old Navy, the chain clothing retailer, has just been sued for unpaid wages. Hourly workers in New York State for the clothing retailer allege they were not paid weekly as required by the New York Labor Law (“NYLL”). This lawsuit seeks to recover underpayment caused by untimely wage payments and other damages. Affected workers may include all those who work or have worked as hourly employees such as sales representatives for Old Navy, LLC between November 24, 2015 and the date of final judgment in this matter.

The lawsuit specifically alleges that the retailer always compensated its hourly workers ...

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Petco Manual Workers Untimely Wage Case Moves Forward

Last year, Petco manual workers filed a class action lawsuit against the pet supplies retailer seeking compensation in the Eastern District of New York for underpayments caused by the late payment of wages. Petco allegedly failed to compensate its similarly situated hourly guest experience specialists, sales associates, dog trainers, and other similar manual labor positions on a weekly basis as required by the New York Labor Law (“NYLL”). Instead, these manual workers were paid on a bi-weekly basis even though they spent more than twenty-five percent of their shift time completing physical tasks. The ...

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Banana Republic Sued for Untimely Pay by Hourly Workers in NY

Banana Republic , LLC in New York State has just been sued for employee pay violations. Fitapelli & Schaffer, LLP filed the class action complaint on Thursday, November 4, 2021, alleging that the clothing retail chain failed to pay its hourly manual workers on time. With several locations in New York, this lawsuit could potentially affect many similarly situated non-exempt hourly positions such as sales representatives who work or have worked for Banana Republic in New York State sinceNovember 4, 2015. This lawsuit seeks to recover untimely wage compensation and other ...

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Tipped Workers Sue Boatyard Grill to Recover Significant Unpaid Wages

Tipped workers of The Boatyard Grill have filed a collective and class action lawsuit against the Ithaca, NY based restaurant in order to recover significant wages. The lawsuit seeks to recover minimum wages, overtime compensation, unlawful deductions, uniform reimbursement, spread of hours pay, and other damages for similarly situated tipped workers under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees include servers, runners, bussers, bartenders, barbacks who work or have worked at The Boatyard Grill located at 525 Taughannock Blvd., Ithaca, New York 14850. 

One of the main violations ...

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Delivery Drivers for CVS Subsidiary Settle Unpaid Wage Claims for $11.9M 

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 ...

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Nurse Practitioners to Receive $160M for Unpaid OT from VA

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 ...

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