RJ REYNOLDS SETTLES UNPAID OVERTIME WAGES LAWSUIT

Tobacco company R.J. Reynolds has agreed to an undisclosed settlement in a lawsuit brought on by employees over overtime wages. The suit claimed that the company instructed employees not to include overtime hours and failed to provide the compensation which they were entitled to under law. While the amount of the settlement was not disclosed, the lawsuit sought $5 million.

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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. 

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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AT&T Employees Seek $1 Billion for Unpaid Wages

Two lawsuits have been filed against AT&T alleging the company required its employes to work overtime, but failed to pay employees overtime wages.  One lawsuit was filed in San Francisco, California, the other was filed in Atlanta, Georgia.  The lawsuits allege AT&T mis-classified employers as managers, thus, making them exempt from overtime wages.  The plaintiffs are seeking $1 billion in lost wages.

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UPS Settles Class Action for $12.8 Million

U.S. District Judge Phyllis Hamilton of the Northern District of California has approved the preliminary class action settlement agreement  between UPS delivery drivers and their employer, UPS Supply Chain Solutions.  The UPS employees claimed they were denied benefits and overtime pay when their employer misclassified them as independent contractors.  because they were misclassified  Supply Chain Solutions.

The class action includes approximately 660 putative class members and UPS has issued a statement that it has changed how it uses independent contractor based on the allegations made by the class members.

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The misclassification of employees as independent contractors is a violation of the Fair Labor Standards Act (FLSA).

Are you an employee or independent contractor? The answer is dependent on the degree of control the employer exercises over the employee, as well as the applicable test, which varies under different federal and state laws.  Generally, the classification of workers implicates many significant issues: (1) whether income taxes must be withheld and FICA payments made; (2) whether state law unemployment compensation or workers’ compensation laws apply; (3) whether employees qualify for health and retirement benefits governed by ERISA, leave under the FMLA or analogous state laws, overtime pay under the FLSA or vacation pay under state wage payment laws; and (4) whether workers can bring claims under the myriad of federal and state anti-discrimination and other labor and employment laws.

If you or a loved one have been classified as an independent contractor and you believe you are an employee, then you may be entitled to money damages under the FLSA.  Contact one of our employment attorneys for a free legal consultation.