Class Action Money and Ethics Conference 2017

Home » Class Action Reporter » 17 FLSA Suits Filed Feb 15 – 24

17 FLSA Suits Filed Feb 15 – 24

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  1. 7 OCEAN EXPRESS: “Abduganiyevich” Action to Recover Overtime Pay
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    Abdurakhmanov Abdumalik Abduganiyevich, individually and on behalf of all others similarly situated, Plaintiffs, v. 7 Ocean Express, Inc., 7 Ocean Express of New York, Inc. and Alexander Bramurov, Defendants, Case No. 1:17-cv-00862 (E.D. N.Y., February 15, 2017) seeks, for himself and similarly situated employees, unpaid overtime wages, liquidated damages, reasonable attorneys’ fees and costs, and all other appropriate legal and equitable relief, statutory damages, interest pursuant to New York Labor Laws and the Fair Labor Standards Act.Defendants operate a transportation service for mostly elderly individuals to and from, inter alia, their doctor appointments and church/synagogues where Plaintiff was employed by Defendants as a driver.

    Plaintiff is represented by:

    Gennadiy Naydenskiy, Esq.
    NAYDENSKIY LAW GROUP, P.C.
    1517 Voorhies Ave, 2nd Fl.
    Brooklyn, NY 11235

  2. ASSOCIATED CORP: Vidaurre Sues Over Unpaid Overtime Work
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    NESTOR J. VIDAURRE and other similarly-situated individuals, the Plaintiff(s), v. ASSOCIATED CORPORATION and ANDREW ARNOLD, Individually, the Defendants, Case No. 9:17-cv-80212-DMM (S.D. Fla., Feb. 21, 2017), seeks to recover money damages for unpaid overtime wages pursuant to the Fair Labor Standards Act (FLSA).Plaintiff worked in excess of 40 hours every week period. However, Plaintiff was not paid for his overtime hours as established by law. Consequently, Plaintiff is owed 5 hours of overtime at the rate of time and a half his regular rate. For his work on Saturdays, which constituted additional overtime hours, he received payment at his regular rate. Consequently, he is owed half-time overtime for every Saturday that he worked for Defendants.

    The Plaintiff is represented by:

    Zandro E. Palma, Esq.
    9100 S. Dadeland Blvd., Suite 1500
    Miami, FL 33156

  3. BMC CONSTRUCTION: “Loera” Suit Seeks Overtime Wages Under FLSA————————————————————–
    RICARDO LOERA on behalf of himself individually, and ALL OTHERS SIMILARLY SITUATED, the Plaintiffs, v. BMC CONSTRUCTION SERVICES LLC., the Defendant, Case No. 4:17-cv-00543 (S.D. Tex., Feb. 20, 2017), seeks to recover unpaid overtime wages brought under the Fair Labor Standards Act (FLSA).The action seeks equitable relief, compensatory and liquidated damages, attorney’s fees, taxable costs of court, and post-judgment interest for Defendant’s willful failure to pay overtime wages and compensation for hours worked, but not recorded or paid.

    BMC Construction is a general contractor in the real estate industry.

    The Plaintiff is represented by:

    Taft L. Foley, II, Esq.
    THE FOLEY LAW FIRM
    3003 South Loop West, Suite 108
    Houston, TX 77054

  4. BRIGANTINE INC: Faces “Pataky” Suit Over Tip Pooling Policy
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    NEAL PATAKY, JESSICA CLEEK, and LAUREN MICHELSON, individually, and on behalf of others similarly situated, the Plaintiffs, v. THE BRIGANTINE, INC., a California corporation, the Defendant, Case No. 3:17-cv-00352-GPC-AGS (S.D. Cal., Feb. 22, 2017), seeks to recover damages under Fair Labor Standards Act.As a direct and proximate result of Brigantine’s unlawful tip pooling policy, Named Plaintiffs and Collective Action Plaintiffs, the Complaint alleges, have suffered and continue to suffer substantial financial losses, all to their respective damage in
    amounts according to proof at time of trial because they were compelled to pay tip income they earned to other Brigantine employees in violation of the FLSA. Named Plaintiffs and Collective Action Plaintiffs are entitled to recover all lost tip income, and/or nominal, actual and compensatory damages in amounts according to proof at time of trial from Brigantine.

    The Defendant is doing business in restaurant industry.

    The Plaintiffs are represented by:

    Timothy G. Williams, Esq.
    Stephanie Reynolds, Esq.
    POPE, BERGER,
    WILLIAMS & REYNOLDS, LLP
    401 B Street, Suite 2000
    San Diego, CA 92101

  5. CARTER DISTRIBUTING: Forster Seeks Unpaid OT Pay Under FLSA
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    JACOB FORSTER, GAVIN WARRICK and, CHARLES HAMMON, Individually, and on behalf of themselves and on behalf of all other similarly situated current and former employees, the Plaintiff, v. CARTER DISTRIBUTING COMPANY, INC., a Tennessee Corporation, PREMIUM BRANDS, INC., a Tennessee Corporation, and, BLAIR CARTER, Individually, the Defendants, Case No. 1:17-cv-00050 (E.D. Tenn.,
    Feb. 20, 2017), seeks to recover unpaid straight time and overtime compensation under the Fair Labor Standards Act (FLSA).The Complaint says Carter did not compensate Plaintiffs and those similarly situated for all straight time and overtime hours worked in excess of 40 per week within weekly pay periods during times relevant to the action.

    Carter provides transportation, refrigerated storage and maintenance for perishable beer.

    The Plaintiffs are represented by:

    Gordon E. Jackson, Esq.
    James L. Holt, Jr., Esq.
    J. Russ Bryant, Esq.
    Paula R. Jackson, Esq.
    JACKSON, SHIELDS, YEISER & HOLT
    262 German Oak Drive
    Memphis, TN 38018

  6. CHIOS RENOVATION: Faces “Naula” Suit Over Failure to Pay Overtime
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    Segundo Naula, on behalf of himself and others similarly situated v. Chios Renovation Inc. d/b/a Chios Restoration and George Kostalas, Case No. 1:17-cv-01027 (E.D.N.Y., February 23, 2017), is brought against the Defendants for failure to pay overtime wages
    in violation of the Fair Labor Standards Act.Chios Renovation Inc. operates a single-family housing construction company located in East Elmhurst, New York.

    Segundo Naula is a pro se plaintiff.

  7. CHOI’S SPORTS: “Osborne” Suit Seeks Minimum Wages & OT Pay
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    CHASE OSBORNE, on behalf of himself and others similarly situated, the Plaintiff(s), v. CHOI’S SPORTS TIME, LLC D/B/A SPORTSTIME BAR & GRILLE, and CLAUDIA CHOI, Individually, the Defendants, Case No. 1:17-cv-00657-TWT (N.D. Ga., Feb. 22, 2017), seeks to recover proper minimum wages and overtime compensation to all servers, and
    other relief under the Fair Labor Standards Act (FLSA).The Defendants violated the FLSA by failing to pay Plaintiff and class members within the past three years at least the full minimum wages and overtime compensation for all hours worked pursuant to the FLSA. The Defendants also violated the FLSA by failing to pay Plaintiff and class members within the past three years proper overtime wages for all hours worked over 40 within a workweek.

    The Defendant owns and operates a restaurant.

    The Plaintiff is represented by:

    Carlos V. Leach, Esq.
    MORGAN & MORGAN, P.A.
    191 Peachtree Street, N.E., Suite 4200
    Post Office Box 57007
    Atlanta, GA 30343-1007

  8. DLF LLC: Faces “Sango” Wage-and-Hour Suit
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    RICHARD SANGO, Individually and on behalf of all others similarly situated, the Plaintiff, v. DLF LLC d/b/a THE SUSHI BAR, the Defendant, Case No. 5:17-cv-00165-W (W.D. Okla., Feb. 16, 2017), seeks to recover compensation, liquidated damages, attorneys’
    fees, and costs, pursuant to the Fair Labor Standards Act of 1938.The Plaintiff brought the action individually and on behalf of all current and former employees who worked for DLF LLC at any time in the last three years and worked off the clock without pay, had time keeping techniques utilized against them that did not
    adequately compensate the employees for all hours worked, and were not paid overtime compensation for any hours worked over forty each week.

    The Sushi Bar knowingly and deliberately failed to compensate Plaintiff and the Putative Class Members overtime for all hours worked in excess of 40 hours per workweek, the complaint says.

    The Defendant operates a Japanese restaurant in Oklahoma.

    The Plaintiff is represented by:

    Noble K. McIntyre, Esq.
    MCINTYRE LAW PC
    8601 S. Western Avenue
    Oklahoma City, OK 73139

    – and –

    Clif Alexander, Esq.
    Austin W. Anderson, Esq.
    ANDERSON2X, PLLC
    819 N. Upper Broadway
    Corpus Christi, TX 78401

  9. ED’S MUFFLERS: Westphal Seeks Unpaid Minimum Wages Under FLSA
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    ROBERT WESTPHAL, both in his individual capacity and, in addition, as a collective action on behalf of others similarly situated, the Plaintiff, v. ED’S MUFFLERS UNLIMITED, INC., an Oregon corporation, the Defendant, Case No. 3:17-cv-00299-YY (D. Or., Feb. 22, 2017), seeks to recover unpaid minimum wages, overtime wages, liquidated damages, and statutory penalties, pursuant to the Fair Labor Standards Act.According to the Complaint, ED’S withheld money from Plaintiff’s and the other employees’ paychecks for taxes, but did not promptly pay those amounts to the government. ED’S nevertheless falsely, willfully and fraudulently reported on those employees’ information returns that the monies had been paid over to the government. ED’S required Plaintiff and the other employees to list an unpaid lunch on their time sheets when they were unable to take one. ED’S required plaintiff and the other employees to work off the clock. ED’S required plaintiff and the other employees to
    provide uniforms and tools, either through payroll deduction or pre-purchase. ED’S had wildly inconsistent paydays and pay periods, designed to and resulting in the failure to pay proper minimum wage and overtime to plaintiff and the other employees.

    EDS Mufflers is in the muffler shop, sale or repair and installation business.

    The Plaintiff is represented by:

    Jon M. Egan, Esq.
    JON M. EGAN, PC
    547 Fifth Street
    Lake Oswego, OR 97034-3009

  10. FAMILY PRIVATE CARE: Unpaid Overtime Sought in “Anspach” Case
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    Kimberly Anspach, on behalf of herself and all others similarly situated, Plaintiffs, v. Family Private Care, Inc., Defendant, Case No. 9:17-cv-80184, (S.D. Fla., February 15, 2017), seeks unpaid overtime compensation, declaratory relief and other relief under the Fair Labor Standards Act and the Florida Minimum Wage Act.Plaintiff worked as a certified nurse’s assistant for the Defendant’s nursing home in Palm Beach County, Florida.

    Plaintiff is represented by:

    Neil B. Solomon, Esq.
    Lee S. Shalov, Esq.
    Brett R. Gallaway, Esq.
    Wade C. Wilkinson, Esq.
    MCLAUGHLIN & STERN, LLP
    525 West Okeechobee Blvd.
    West Palm Beach, FL 33401

  11. FRANCO FOOD: Faces “Henriquez” Suit Under FLSA, NY Labor Law
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    MARIA V. HENRIQUEZ, individually and on behalf of others similarly situated, Plaintiff, against FRANCO FOOD CORP. (d/b/a ASSOCIATED), LUIS FRANCO, MARIA DEL PILAR FRANCO ENCARNACION, and MARIANELLA FRANCO, Defendants, Case No. 1:17-cv-01408 (S.D.N.Y., February 24, 2017), alleges that Plaintiff worked for Defendants in excess of 40 hours per week, without appropriate minimum wage or overtime compensation for the hours she worked. The case alleges violations of the Fair Labor Standards Act, the N.Y. Labor Law and the “spread of hours” and overtime wage orders of the New York Commissioner of Labor.Defendants own, operate, or control a supermarket. Plaintiff was employed as a cashier.

    The Plaintiff is represented by:

    Michael A. Faillace, Esq.
    MICHAEL FAILLACE &ASSOCIATES, P.C.
    60 East 42nd Street, Suite 2540
    New York, NY 10165

  12. HOOTERS OF AMERICA: Stirewalt, et al. Allege FLSA Violations
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    JACKI STIREWALT, JAQUI SHAE BROWN, AMBER COX, individually and on behalf of all others similarly situated, Plaintiffs, v. HOOTERS OF AMERICA, LLC, HOOTERS OF BIRMINGHAM, INC., Defendants, Case No. 2:17-cv-00307-TMP (N.D. Ala., February 24, 2017), alleges that although Plaintiffs worked twice the amount of required hours,
    Defendants classified Plaintiffs as exempt from overtime status in violation of the Fair Labor Standards Act.Defendants operate over 460 store locations throughout the United States. Plaintiffs were salaried as Assistant Managers.

    The Plaintiffs are represented by:

    J. Allen Schreiber, Esq.
    Lauren E. Miles, Esq.
    BURKE HARVEY, LLC
    3535 Grandview Parkway, Suite 100
    Birmingham, AL 35243

  13. HUMANA INC: “Poggi” Suit Seeks Unpaid Wages & Relief Under FLSA
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    DAVID POGGI, on his own behalf and others similarly situated, the Plaintiff, v. HUMANA,INC., the Defendant, Case No. 8:17-cv-00433- SCB-MAP (M.D. Fla., Feb. 21, 2017), seeks to recover unpaid wages, retaliation, and other relief under the Fair Labor Standards Act (FLSA).The Plaintiff worked as an hourly worker for Defendant and performed related activities for Defendant in Pinellas County, Florida. The Plaintiff is employed in a labor position with Defendant and has been so employed with Defendant for approximately the past 18 months. The Defendant failed to pay Plaintiff and those similarly situated to them for work performed off the clock, including but not limited to requiring Plaintiff(s) to work without compensation. In fact, in many instances, Defendant did not keep track of the hours worked by Plaintiff and simply paid Plaintiff a flat rate or salary that would have equated to far less than the minimum wage and no provisions for overtime.

    Humana is a for-profit American health insurance company based in Louisville, Kentucky.

    The Plaintiff is represented by:

    W. John Gadd, Esq.
    Bank of America Building
    2727 Ulmerton Rd. Ste. 250
    Clearwater, FL 33762

    – and –

    Kvle Lee, Esq.
    Lee Law PLLC
    Brandon. FL 33509-4476

     

  14. SAL 79 ASSOCIATES: “Cabrera” Action to Recover Overtime Pay
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    Leonidas Cabrera, Pedro Benitez, Sergio Alejandro Vega, Jose Quintuna, Placido Valdez Godinez and Bernardo Sosa, individually and on behalf Of all others similarly situated, Plaintiff, v. Sal 79 Associates, Inc. and Salvatore Coppola, Defendants, Case No. 1:17-cv-01154 (S.D. N.Y., February 15, 2017) seeks compensatory damages and liquidated damages, interest, attorneys” fees, costs, and all other legal and equitable remedies pursuant to New York Labor Laws and the Fair Labor Standards Act.Defendants operate a restaurant by the name of Coppola’s West where Plaintiffs were employed as kitchen staff. They claim to be denied overtime pay.

    Plaintiff is represented by:

    Helen F. Dalton, Esq.
    HELEN F. DALTON & ASSOCIATES, P.C.
    69-12 Austin Street
    Forest Hills, NY 11375

  15. SERVCORP US: “Serrette” Suit Alleges Misclassification Under FLSA
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    ANNA-LISA SERRETTE, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. SERVCORP US HOLDINGS, INC. Defendant, Case No. 4:17-cv-00606 (S.D. Tex., February 24, 2017), alleges that Defendants misclassified its executive assistants, including Plaintiff, as exempt under the Fair Labor Standards Act.SERVCORP US HOLDINGS, INC. is a provider of executive serviced offices, virtual offices and IT and business infrastructure solutions operating in 53 cities across 22 countries. Plaintiff worked as an executive assistant in Houston, Texas.

    The Plaintiff is represented by:

    Genevieve B. Estrada, Esq.
    BRUNSWICK LAW FIRM, PLLC
    2425 West Loop South, Suite 200
    Houston, TX 77027

    – and –

    Ahad Khan, Esq.
    712 Main Street, Suite 900
    Houston, TX 77002

  16. TORTILLA FLATS: Faces “Chang” Suit Over Failure to Pay Overtime
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    Alexis Aguilera Chang, on behalf of himself and others similarly situated v. Tortilla Flats, Inc., Andrew Secular, and Jean Bambury, Case No. 1:17-cv-01385 (S.D.N.Y., February 23, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act.The Defendants own and operate a Mexican restaurant in New York.

    Alexis Aguilera Chang is a pro se plaintiff.

  17. TOWING AMERICA: Faces “Omelia” Suit Alleging FLSA Violations
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    Jason Omelia, on behalf of himself and others similarly situated Plaintiff, vs. Towing America, LLC d/b/a Jimmies Towing and Recovery, a Florida Limited Liability Company, and Shannon Anderson, individually, Defendants, Case No. 8:17-cv-00469-SCB-MAP (February 24, 2017), alleges that Plaintiff routinely worked more than 80 hours or more in a work week but was not paid minimum wage for all hours worked in violation of the Fair Labor Standards Act.Defendants operate a tow truck business. Plaintiff was employed as tow truck driver.

    The Plaintiff is represented by:

    Marc R. Edelman, Esq.
    MORGAN & MORGAN, P.A.
    201 North Franklin Street, Suite 600
    Tampa, FL 33602