Overtime Pay Owed by Sherwin-Williams: Pandemic Pay and Bonuses Should Be Calculated into OT

Former employees of the paint manufacturer, Sherwin-Williams, have claimed that the company has underpaid their workers and cheated them out of significant overtime pay. The collective action that was filed in Ohio federal court this Monday alleges that Sherwin-Williams failed to factor in special pay, such as bonuses and additional coronavirus pandemic pay, into their overtime rates. The lawsuit seeks to recover unpaid overtime, liquidated damages, litigation costs as well as attorney fees under the Fair Labor Standards Act ...

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Rite Aid Sued for Unpaid OT and Untimely Pay

Hourly workers for Rite Aid have just filed a class action lawsuit against the pharmaceutical and convenience store chain for unpaid wages. The complaint alleges that Rite Aid failed to pay its hourly workers such as cashiers, pharmacy technicians, stockers, security guards, asset protections agents, and all other workers in similar non-exempt job titles the correct overtime rates and other wages. This lawsuit aims to recover overtime pay as well as other damages under the Fair Labor Standards Act (“FLSA”) ...

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OD Inspections Inc. – Inspection Service Provider for Oil & Gas Industry Sued for Unpaid OT

Workers for OD Inspections, Inc., a leading provider of inspection services to the oil and gas industry, recently filed a collective action against the company for unpaid wages. The complaint alleges that the company misclassified its workers as exempt from receiving overtime pay by claiming they were independent contractors. This lawsuit aims to represent salaried inspectors, inspector helpers and other workers in similar positions in order to recover unpaid overtime from the service provider.

OD Inspections went from classifying its workers ...

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Gorman Group – Asphalt Paving Co. Sued for Unpaid Overtime

Hourly employees of Gorman Group, LLC, a road engineering company, have filed a class action lawsuit in order to recover unpaid wages. The company, which provides asphalt paving to municipalities throughout the Northeast, has allegedly unpaid its hourly employees for overtime hours in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees may include all persons who work or have worked as hourly workers for the company in New York between June ...

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Misclassified Distributors to Recover $7.6M in Unpaid OT from Baked Goods Co.

Misclassified workers for the baked goods maker, Flower Foods Inc., have settled their claims for unpaid wages. Flower Foods has agreed to pay them $7.6 million to resolve claims that they failed to pay their distributors overtime pay. The lawsuit had alleged that these distributors were wrongfully classified as independent contractors who were considered exempt from overtime. The case which was brought under the Fair Labor Standards Act (“FLSA”) and ...

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Day Rate Workers of Oil Field Services Company Sue for Unpaid Overtime

Day rate workers for Integrity Inspection Services, LLC, an oilfield inspection and maintenance provider, have decided to make a stand and take back what they allege is rightfully theirs. A class and collective action was recently filed to help recover unpaid overtime for employees who ensured pipeline projects were properly constructed and maintained in New Mexico and across the United States. The complaint notes that the class and collective seeks to recover overtime pay, liquidated damages, attorney’s fees and costs ...

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Wal-Mart Sued by its Manual Workers for Untimely Pay

Wal-Mart, the grocery chain and retailer giant, was just sued for owed wages by a class of manual workers. These affected manual workers include hourly cashiers, front end associates, stockers, receiving associates, sales associates, and other manual laborers in similar positions (collectively, “Manual Workers”) who work or have worked as manual workers for Wal-Mart in New York State. The class action lawsuit seeks to recover untimely wage compensation and other damages in accordance with the New York Labor Law (“NYLL”).

These ...

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Job Postings May Be ‘Open Invitation’ for Age Discrimination Lawsuits

As states begin to reopen, so will the many businesses that had recently furloughed or laid off their workers. The rehiring process that comes next is very crucial for many of these establishments. Ensuring that they aren’t discriminating specific groups from job opportunities doesn’t just have to do with selecting the hire but rather starts with properly wording their job postings.

Our very own of counsel, Steven Mitchell Sack, discussed age discrimination and how it is likely one of the most ...

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Homyn’s Secure Wrap Sued for Untimely Pay

Homyn Enterprises Corp., also known as Secure Wrap., has just been sued by its employees for unpaid wages. The business, which is known for providing full service baggage protection assistance internationally to its airport customers, has been accused of failing to pay its hourly employees on a timely basis. This class action lawsuit aims to represent hourly customer associates, machine operators and other similar manual labor positions trying to recover untimely wage pay as well as other damages who work ...

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PPP Loan Processors May be Owed Significant Wages

Due to the economic downturn many companies and businesses have been turning to loans, specifically those signed into law under the Coronavirus Aid, Relief and Economic Securities (CARES), to weather the likely recession caused by the COVID-19 Pandemic. The headliner of the CARES Act loans was the Paycheck Protection Program (PPP) loan. Millions of affected businesses rushed to their banks to apply for these PPP loans and continue to do so in large numbers.

Banks normally process these loans on location ...

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