Apple Retail Workers Must be Paid for Time Spent on Security Checks

Apple, the Big Tech giant, is now liable for paying its retail workers for all hours worked, specifically, time spent waiting to go through security checks at the end of their shifts. This ruling was recently reached by the Ninth Circuit in a unanimous opinion that reversed a California judge’s decision that these security and bag checks could not be considered as work time since employees could simply avoid them by not bringing a bag. However, ...

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Despite Arbitration Clauses, Delivery Drivers Can Still Go to Court for Owed Wages

The latest ruling to come out of the 9th circuit regarding arbitration clauses has been in favor of the worker, more specifically, delivery drivers.  In a 2-1 decision, the Ninth Circuit has affirmed a previous 2019 decision that had rejected Amazon’s attempt to force its drivers in their Amazon Flex program to arbitrate their proposed class action that claimed the had been wrongfully classified as independent contractors instead of employees and ...

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Oil and Gas Workers To Receive $4.4M for Working through Break Times

Oil and Gas workers have just received final approval for a $4.4 million settlement resolving claims of unpaid wages in California. ExxonMobil, PBF Energy Ltd. and Torrance Refining Co. LLC will be paying out this compensation after they were accused of not properly providing their workers with break times or paying them for all their hours worked. More than 335 oil and gas workers for these companies stand to benefit from this settlement.

The named plaintiffs in this matter alleged they ...

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Dynasty Wireline, Wireline Service Provider, Sued for Unpaid OT

Dynasty Wireline Services, LLC (“Dynasty Wireline”), the leading wireline service provider of the Permian Basin, has just been sued for unpaid wages by Fitapelli & Schaffer, LLP and Bruckner Burch PLLC. The collective action filed seeks to recover overtime compensation for similarly situated salaried case hold completion managers, wireline engineers, and similar positions (collectively “Completion Managers”) who have worked for Dynasty Wireline in the United States. More than 100 Completion Managers could stand to benefit from this lawsuit.

Completion Managers consistently ...

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Managers at Market Research Firm Settle OT Claims for $2.25M

Client service managers of a market research firm in California have received preliminary approval to settle a proposed class action lawsuit to settle claims they were owed wages. These employees alleged that Information Resources Inc., incorrectly classified them as exempt from receiving overtime because of their managerial job titles. A U.S. District Judge has preliminarily approved the $2.25 million settlement that will benefit 129 managers.

The proposed class action had claimed ...

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Misclassified Mud Engineers Sue Pioneer and Miller & Associates for Unpaid OT

Pioneer, a leading oil and gas exploration and production company which employs hundreds of Mud Engineers through companies like Miller & Associates, has been sued for unpaid wages. A collective action was filed on Tuesday, August 18, 2020 by Fitapelli & Schaffer, LLP alongside Bruckner Burch PLLC on behalf of day rate mud engineers and/or drilling fluid engineers (“Mud Engineers”). This lawsuit seeks to recover overtime compensation for all similarly situated Mud Engineers who have worked on behalf of Pioneer ...

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Petco Sued for Untimely Wages by Manual Workers in NY

Petco, the pet supplies retailer, has just been accused of failing to properly pay its manual workers in the state of New York. A class action lawsuit filed this past Friday is looking to recover untimely wage compensation and other damages for similarly situated hourly guest experience specialists, sales associates, dog trainers, and other similar manual labor positions (collectively, “manual workers”) who work or have worked as manual workers for Petco in New York State. The company operates approximately 64 ...

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Security Contractors OT Case Against ESPADA Granted Conditional Certification and Notice

Early last year, Fitapelli & Schaffer, LLP, alongside Bruckner Burch, PLLC and Josephson Dunlap, LLP, filed a class and collective action lawsuit seeking owed overtime against Cobra Energy and Espada Security on behalf of security contractors who worked in Puerto Rico after Hurricane Maria. The case continues to move forward successfully as the Court has recently certified the proposed class.

The Western District of Texas has certified the following classunder the Fair Labor Standards Act:

• “All individuals engaged by ESPADA to provide services to Cobra in Puerto Rico between January 21, 2017 and ...

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Mortgage Consultant OT Case Against Wells Fargo Moves for Conditional Certification

The class action lawsuit for wage and hour violations against Wells Fargo Bank, N.A. that was filed in early March of this year continues to move forward. Fitapelli & Schaffer, LLP has filed a motion with the Court to conditionally certifying an FLSA collective composed of, and send notice to, all persons who worked as Mortgage Consultants (sometimes referred to as loan officers in the industry) for Wells Fargo Bank spanning from three years prior to May 17, 2016, the ...

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BLS Painting, Painting Service Provider, Sued for Unpaid OT

BLS Painting, Inc. has just been accused of failing to properly compensate its laborers. Fitapelli & Schaffer, LLP alongside Shellist Lozarz Slobin LLP filed a collective action lawsuit on behalf of painters working for the Texas based painting service provider for unpaid overtime. This lawsuit seeks to recover overtime compensation under the Fair Labor Standards Act (“FLSA”) for painters, helpers, and other similarly situated workers (collectively “Painters”) who work or have worked for BLS Painting.

Despite considering its Painters as non-exempt ...

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