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Petco Manual Workers Untimely Wage Case Moves Forward

Last year, Petco manual workers filed a class action lawsuit against the pet supplies retailer seeking compensation in the Eastern District of New York for underpayments caused by the late payment of wages. Petco allegedly failed to compensate its similarly situated hourly guest experience specialists, sales associates, dog trainers, and other similar manual labor positions on a weekly basis as required by the New York Labor Law (“NYLL”). Instead, these manual workers were paid on a bi-weekly basis even though they spent more than twenty-five percent of their shift time completing physical tasks. The ...

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Banana Republic Sued for Untimely Pay by Hourly Workers in NY

Banana Republic , LLC in New York State has just been sued for employee pay violations. Fitapelli & Schaffer, LLP filed the class action complaint on Thursday, November 4, 2021, alleging that the clothing retail chain failed to pay its hourly manual workers on time. With several locations in New York, this lawsuit could potentially affect many similarly situated non-exempt hourly positions such as sales representatives who work or have worked for Banana Republic in New York State sinceNovember 4, 2015. This lawsuit seeks to recover untimely wage compensation and other ...

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Tipped Workers Sue Boatyard Grill to Recover Significant Unpaid Wages

Tipped workers of The Boatyard Grill have filed a collective and class action lawsuit against the Ithaca, NY based restaurant in order to recover significant wages. The lawsuit seeks to recover minimum wages, overtime compensation, unlawful deductions, uniform reimbursement, spread of hours pay, and other damages for similarly situated tipped workers under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees include servers, runners, bussers, bartenders, barbacks who work or have worked at The Boatyard Grill located at 525 Taughannock Blvd., Ithaca, New York 14850. 

One of the main violations ...

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Delivery Drivers for CVS Subsidiary Settle Unpaid Wage Claims for $11.9M 

Delivery drivers for CVS Health Corp., specifically its subsidiary, Omnicare, have recently settled claims for unpaid wages. A district judge in West Virginia approved the nearly $12 million settlement this past Monday resolving claims under the Fair Labor Standards Act (“FLSA”). The class of delivery drivers alleged that they were incorrectly classified as independent contractors and in turn deprived of significant wages. The $11.9 million settlement will benefit over 1,200 current and former drivers for Omnicare.

The drivers, who delivered pharmaceutical and medical items to health care entities nationwide, claimed they should have been classified as employees as opposed to independent contractors.These drivers were unable to exercise discretion ...

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Nurse Practitioners to Receive $160M for Unpaid OT from VA

Nurse practitioners and physician assistants for the federal government have just resolved claims of unpaid wages for a staggering $160 million. These care providers whoworked for the U.S. Department of Veteran Affairs alleged they went unpaid when working overtime hours.Approximately 3,200 current and former nurse practitioners and physician assistants who worked for this federal agency stand to benefit from this payout.

Nurses claimed they were forced to complete significant hours of overtime in order to update patients’ electronic health records. Monitoring and responding to patient-related notifications in the Computerized Patient Record System known as “View Alerts” were often completed after their normal ...

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Meatpackers Sue for Unpaid COVID Screening Time

Meatpackers for Cargill Meat Solutions Corp., a Pennsylvania meat plant, have recently filed a class action lawsuit alleging they are owed significant wages. Meatpackers for the company have claimed they went unpaid for time spent undergoing COVID screenings.Thousands of workers at the company’s two plant locations could be affected under the Pennsylvania Minimum Wage Act (“PMWA”).  

In order to adhere to company policy, employees at these meat plants had to arrive to work prior to their shift starttimes and spend time during their lunch breaks completing COVID-19 symptom checks. Meatpackers went completely unpaid ...

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Nurses to Receive $11.2M To End Misclassification Suit

Nurses for Humana, one of the nation’s largest publicly-traded health and supplemental benefits companies, will soon receive millions in unpaid wages. A collective action lawsuit filed back in 2017 accused the health provider of wrongfully classifying a group of nurses as exempt from receiving overtime pay under the Fair Labor Standards Act (“FLSA”). All clinical nurse advisors or those in similarly situated positions such as Clinical Intake, Clinical Claims Review, Clinical Claims Review, DME, Acute Case Managers, Market Clinical, and Senior Products utilization management nurses that worked for Humana at any time within the ...

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Misclassified Independent Contractors Sue for $8M In Unpaid OT

Misclassified independent contractors for a Utah alcohol control agency have alleged they are owed significant wages. In a recently filed collective action lawsuit, these workers claimed that the Utah Department of Alcoholic Beverage Control failed to correctly compensate them for overtime hours worked. The collectiveaction lawsuit was filed by 13 former and current workers in federal court and is seeking $8 million in damages under the Fair Labor Standards Act (“FLSA”).

According to the filed complaint, these workers or package agents should have been considered employees of the company but were instead misclassified independent contractors. The agency holds an extensive amount of ...

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Walmart Settles Wage Statement Lawsuit for $35M 

Walmart has just agreed to pay $35 million to resolve wage statement claims to a group of store employees. A class action lawsuit that was filed nearly four years ago in California alleged that Walmart failed to provide accurate written wage statementsas required by California law. Even though Walmart denies any wrongdoing, they have come to an agreement to pay $35 million to resolve the potential claims of approximately 265,000 current and former employees. 

California State Law requires employers to furnish accuratepaystubs to its workers. The original complaint claimed that even though Walmart provided electronic wage statements it ...

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Lowe’s Loses Motion to Dismiss Untimely Wage Case

Manual workers of Lowe’s Home Centers who filed a class action last year for untimely wage compensation will continue to move forward with their claims to try and recover owed wages. The district judge on this case, Rachel P. Kovner, denied in part Lowe’s motion to have the case dismissed. This case which was filed February 28, 2020 will continue to move forward under New York Labor Law (“NYLL”) §§ 191 and 198(1-a) and seeks to represent all manual workers ...

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