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Wage and Overtime Disputes

Federal and state laws regulate the compensation of employees. Many employees, even if they receive a regular salary, are entitled to minimum wage for hours worked up to forty each week, and overtime wages at the rate of one and one-half times the regular rate for hours worked in excess of forty each week. Regardless of your job title, you may be entitled to overtime pay. In fact, many employees are unaware they are experiencing violations of these laws. Strict statutes of limitations govern the time period within which an employee must bring such claims in these matters. If you are concerned you may not be receiving the pay to which you are entitled, contact us for consultation.

Jock, et al. v. Sterling Jewelers Inc.:

Sterling Jewelers Inc. maintains an alternative dispute resolution program called the RESOLVE Program to reconcile workplace disputes, including claims of discrimination. The RESOLVE Program is a three-step process with the final step resulting in arbitration of claims. On March 24, 2008, fifteen women filed an arbitration demand with the American Arbitration Association (“AAA”) in which they allege that Sterling Jewelers has a pattern or practice of discriminating against its female employees in terms of pay and promotions and seek to arbitrate their claims as a class action. On April 23, 2008, a sixteenth plaintiff was added to the complaint who alleges that she experienced pay and promotion discrimination while employed as a district manager. Women from twenty states have indicated an interest in joining this case as of June 26, 2008. You may download a copy of the arbitration complaint by clicking on the tab below.

In the AAA arbitration, the female claimants seek back pay, compensatory and punitive damages, reasonable attorney fees and costs, and pre-post judgment interest on behalf of themselves and all similarly situated female Sterling employees who worked in Kay Jewelers, Jared the Galleria of Jewelry, Marks and Morgan Jewelers, J.B. Robinson Jewelers, LeRoy’s Jewelers, Osterman Jewelers, Goodman Jewelers, Weisfield Jewelers, Shaws Jewelers, Friedlanders Jewelers, Rogers Jewelers, or Belden Jewelers in sales or management positions including women who were employed as district managers. The female claimants also seek to compel Sterling to modify its employment practices, including the lack of job postings for management positions, that they allege discriminate against female employees.

In the RESOLVE arbitration, the female claimants will pursue Equal Pay Act wage claims on behalf of themselves and other similarly situated female employees dating back to February 27, 2003, if a willful violation of the Equal Pay Act is established, or February 27, 2004, if a willful violation is not established. In addition, the claimants will pursue Title VII promotion and pay claims on behalf of themselves and other similarly situated female employees dating back at least two years prior to the earliest filed EEOC charge, which would include promotion and pay claims on or after May 18, 2003. If the arbitrator finds that the claimants have established a continuing pattern or practice of discrimination in promotion and pay that began prior to May 18, 2003 and continued into the charge filing period, claims could be asserted for periods preceding May 18, 2003.

Sterling has denied that it discriminates against female employees in its pay and promotions practices and has indicated that it will defend the arbitration.

Prior to filing their demand for arbitration, each of the fifteen women filed charges of discrimination with the Equal Employment Opportunity Commission (“EEOC”). On January 3, 2008, the EEOC issued a determination finding that Sterling Jewelers subjected the fifteen claimants and a nationwide class of female employees with retail sales responsibilities to a pattern or practice of sex discrimination in regard to promotion and compensation. The EEOC’s investigation of Sterling’s employment practices is continuing. You may download the EEOC’s determination by clicking on the tab below.

We anticipate that the parties will soon select an arbitrator and begin the initial phase of the arbitration, which includes determining whether the arbitration can proceed as a class action. Therefore, it is very important that individuals who have information about Sterling’s employment practices call our co-counsel at Thomas A. Warren Law Offices, P.L., toll-free at (866) 854-5152; or Cohen Milstein Hausfeld & Toll (Sahar Aziz), at (202) 408-4600; or contact Loren Donnell in our office at (813) 253-2010 or send us an email by clicking on our contact tab and providing your contact information and where you worked for Sterling. We are interested in speaking with former or current employees, both male and female. (Please note that we are not ethically permitted to discuss the case with current managers unless they believe they have experienced or are experiencing gender discrimination at Sterling).

DOWNLOAD THE ARBITRATION COMPLAINT
DOWNLOAD THE EEOC COMPLAINT

Workers Who Experience Retaliation After Filing FLSA Claims
Entitled to Sue for Injunctive Relief

Sam Smith of Burr & Smith, L.L.P. has extensive experience litigating wage and hour cases. He recently obtained a ruling from the Eleventh Circuit Court of Appeals holding that individuals who experience retaliation as a result of filing claims under the Fair Labor Standards Act have the right to seek injunctive relief, including reinstatement.

UtiliQuest, S.T.S. & Locating Inc. Employees Settle Lawsuit for Unpaid Overtime Wages:
On July 28, 2008, a federal judge in Ocala, Florida, issued a final judgment approving a ten million dollar gross settlement of overtime wage claims of utility locators who worked for companies across seventeen states. In the lawsuit, locators employed to locate and mark utility lines sought pay for work performed at home at the beginning of the day and during meal periods; for time spent traveling each day to their first location site and home from their last location site, and for work performed at home at the end of the day.

Advanced Comfort, Inc. and Dormia, Inc. Settle Lawsuit for Unpaid and Overtime Wages.
Marshall, et al. v. Advanced Comfort, Inc. and Dormia, Inc.
On January 29, 2007, the District Court of the Middle District of Florida approved the Settlement of this collective action brought pursuant to the Fair Labor Standards Act of 1938, as amended 29 U.S.C. §§ 201-209 on behalf of retail sales associates who were employed by Advanced Comfort, Inc. d/b/a Dormia, Inc. between July 20, 2003 and July 31, 2006. Retail sales associates who were paid more in base pay than commission pay during a representative period of one month recovered unpaid overtime wages under this Settlement.

Ace Mortgage Funding Settle Lawsuits for Overtime Pay
Saunders et al. v. Ace Mortgage Funding Inc.; Thorpe v. Ace Mortgage Funding, Inc.
On January 14, 2007, Burr & Smith and co-counsel reached a settlement agreement with Ace Mortgage Funding on the above-titled cases. The maximum settlement amount if all class members agree to participate is 4 million dollars including attorneys’ fees and costs. The deadline for filing opt outs and objections is April 4, 2008. On April 21, 2008, there will be a Final Approval Hearing, at which time a Judge will make a final determination whether to approve the Settlement.

Enterprise Employees Settle Lawsuits for Overtime Pay
Harrison v. Enterprise Rent-A-Car Co.; Elmer v. Enterprise Rent-A-Car Co.
In 1999, the above-titled cases were resolved by Burr & Smith and co-counsel, in court-approved settlements of $1.6 million and $2.5 million plus attorneys' fees.



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