ATTORNEY GENERAL SUES FEDEX FOR EMPLOYEE MISCLASSIFICATION

The Louisville Courier-Journal (9/3, Shafer) reports, “Kentucky Attorney General Jack Conway filed suit Thursday against Federal Express contending that the delivery company misclassifies drivers to avoid paying taxes. The suit, filed in Franklin Circuit Court claims the company wrongly considers its drivers independent contractors and not employees. Conway contends that the misclassification has denied FedEx drivers workers’ compensation insurance, unemployment insurance and wage-and-hour protections.”

FIREFIGHTERS FILE LAWSUIT FOR UNPAID WAGES

A group of northern California firefighters has filed a lawsuit against the Menlo Park Fire Protection District over the time they spend picking up uniforms and other gear before their shifts begin. The lawsuit claims that firefighters should be paid for the time they spend driving to different stations and picking up and dropping off gear.

The employees’ lawsuit is seeking “monetary damages in the form of full back pay compensation, liquidated damages equal to their unpaid compensation, plus interest.”  

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DOMINO’S PIZZA EMPLOYEES FILE CLASS ACTION LAWSUIT

A lawsuit filed against Domino’s Pizza by delivery drivers across the country has been granted conditional class certification by a federal judge. The lawsuit, which could cover 20,000 employees across the country, claims that the pizza company “under-reimbursed its delivery drivers for automobile expenses, causing them to receive less than minimum wage.” Domino’s claims that the lawsuit should not be given class-action status because each driver’s situation and vehicle is different.  

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POLICE OFFICERS SETTLE WITH CITY FOR UNPAID WAGES

Officers in Houston’s canine police unit have reached a settlement with the city that will pay them overtime for the care of their dogs. The officers filed suit against the city last summer, claiming that the city was obligated to pay the officers for time the spent off-duty taking care of their dogs. Each of the 50 officers in the suit will receive 1.5 hours overtime weekly for weekend and holiday care for their police dogs.

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HOTEL EMPLOYEES FILE WAGE LAWSUIT AGAINST EMPLOYER, HILTON

More than 150 current and former employees of the Los Angeles airport Hilton have filed a lawsuit against their employer, claiming the hotel avoided the city’s living wage law. The lawsuit states that the hotel paid the employees less than they were entitled to by law by hiring through a subcontractor to avoid paying higher wages. The suit seeks back pay for affected employees and a court injunction mandating that Hilton comply with the city’s living wage laws in the airport area.

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Judge Keeps ‘Donning and Doffing’ Lawsuit Alive

Denver police can move forward with their lawsuit against the city over payment for time spent putting on and taking off their uniforms, a judge said Tuesday. The initial lawsuit was filed in 2007 and asked for payment when officers performed various menial tasks, including washing, dressing and maintaining their uniforms.

U.S. District Judge Richard Matsch allowed the suit to proceed, but also stated that the city could argue that the activities were so insubstantial that it should not merit pay. Christopher N. Osher, Denver Post.

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Wal-Mart Unpaid Wages Lawsuit Settles for $86 Million

Retail giant Wal-Mart has agreed to pay a combined settlement of $86 million to resolve claims it failed to pay California workers for vacations, overtime and other wages, Reuters reports. The class actions lawsuit, which was settled Tuesday, affects more than 200,000 California Wal-Mart employees.  Jonathan Stempel and Brad Dorfman, Reuters.

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Administrative Assistant Files Lawsuit for Unpaid Overtime Pay

An administrative assistant has filed a lawsuit against her employer for unpaid overtime pay.  The administrative assistant claims her employer, Blackstone Group LP, required her to work 45-50 hours per week and owes her almost 2 years worth of overtime pay.

Her employer claims she was an “exempt” employee under the Fair Labor Standards Act (“FLSA”) because she was in a management position.  The plaintiff claims she was misclassified her as management and is due overtime pay.

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If you have worked more than 40 hours in one week for you employer and you have not received overtime pay (time and a half), you may be entitled to money damages. 

OVERTIME PAY LAWSUIT SETTLED FOR $42 MILLION WITH STAPLES

The Boston Globe is reporting  Staples Inc. has settled a class action lawsuit which alleged Staples failed to pay assistant store managers overtime pay.  The class representative alleged class members worked more than 50 hours per week and performed duties that did not include management duties.  The putative class members alleged they are entitled to overtime pay from Staples. 

The $42 million settlement includes more than 5500 current and former Staples employees. 

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CINTAS TO PAY $6.5 MILLION FOR UNPAID WAGES

The LA Times is reporting Cintas Corp. has settled a California wage lawsuit.  According to Patrick J. McDonnell, Cintas will pay $3.3 million to more than 500 hundred employees for back wages, plus interest. 

Cintas Corp. denied any wrongdoing but agreed to settle the class action lawsuit after five years of litigation “in order to avoid the additional expense and distraction of ongoing litigation.”

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