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LOWE’S OVERTIME SETTLEMENT

Lowe’s has settled a California Class Action on behalf of Loss Prevention Managers for $3 million. Each class member will receive an average of over $9,000, which is very significant. This is another example of a Company not paying salaried employees overtime. Unfortunately, most salried employees are entitled to overtime, but they are unaware of their rights.

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BOVIS OVERTIME SETTLEMENT

BOVIS, one of the largest construction companies in New York has agreed to settle a class and collective action alleging unpaid overtime. The class includes the following positions: Project Engineers, Assistant Project Managers and Engineers. The total proposed settlement is $2.53 million. This is similar to Fitapelli & Schaffer’s lawsuit against Hunter Roberts Construction on behalf of Assistant Project Managers and Administrative Assistants. It appears many construction companies mis-classify salaried employees, attempting to avoid paying them ...

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POLICE SERGEANTS ENTITLED TO OVERTIME

The Second Circuit Court of Appeals, which covers New York, Connecticut and Vermont recently issued a decision proclaiming that NYPD sergeants are entitled to overtime pay. This decision would likely extend to State Troopers and county police forces, such as Nassau, Suffolk and Westchester. One major issue in the case dealt with payment of comp time, rather than overtime. Also, the Court ruled that sergeants’ primary duty was not supervision, and thus, they were not subject to ...

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WALMART OVERTIME LAWSUIT

A collective action was filed against Walmart for failing to pay workers for time spent “off the clock.” According to the complaint, filed in Florida Federal Court, Lisa Gilliam and other similarly situated employees were forced to work before or after they punched in and out to work. This is a way companies are able to have workers put in over 40 hours per week, without paying them for all hours worked.

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PRICE WATERHOUSE COOPERS OVERTIME LAWSUIT

Similar to Fitapelli & Schaffer’s class action lawsuit against KPMG, another of the Big-5 accounting firms, Price Waterhouse Coopers was sued for failing to pay overtime to associates in the New York office. Many large companies mislead salaried employees in order to avoid paying them overtime, in violation of state and federal law.

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RBC Overtime Settlement

Royal Bank of Canada (RBC) has agreed to settle a minimum wage and overtime lawsuit brought by Securities Brokers. The settlement would create a fund of $5.05 million to be split among eligible employees. The case was filed in Minnesota Federal Court.

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STARBUCKS SETTLEMENT

Starbucks settled a FLSA overtime pay collective action brought by managers for $1.6 million, just before the case went to trial. These managers were likely paid salary and alleged they were misclassified. Companies commonly mislead salaried employees into thinking they are not entitled to overtime because they are paid salary, rather than hourly.

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NEW YORK METS OVERTIME LAWSUIT

The New York Mets were hit with a class action lawsuit alleging security guards at Citi Field are not being paid time and one half for over 40 hours per week. Hourly employees must be paid time and one half their hourly rate for all hours over 40 per week, with no exceptions. For example, if a security guard is paid $20 per hour, they must be paid $30 per hour for all overtime hours. Many security ...

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JP MORGAN CHASE SETTLEMENT

JP Morgan Chase recently settled a class action lawsuit encompassing thousands of loan underwriters for $42 million. The settlement covers Federal law- the Fair Labor Standards Act and many state laws. Chase alleged the underwriters were exempt from receiving overtime pay. However, an appeals Court and the Department of Labor issued opinions stating that mortgage loan officers and underwriters cannot be paid commission only and must be paid minimum wage and overtime. This is a very ...

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Raymour and Flanigan Overtime Case

A class action has been filed against Raymour & Flanigan, a well-known furniture retailer. The lawsuit alleges that managers, who were paid a fixed salary, are misclassified as exempt. The issue in these cases turns on whether the managers were actually performing managerial duties, such as supervision, hiring and firing over 50% of the time. If the managers were doing non-exempt work, similar to hourly employees, they have a good chance to win the case.

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