Sample Successes
PIVONKA V. BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY,KANSAS
04-CV-2598-JWL
Lane Pivonka, a paramedic, brought a collective action on behalf of himself and all of his fellow paramedics for unpaid overtime above and beyond 40 hours per week. The defense alleged that an exemption existed under the Fair Labor Standards Act. After the matter was certified as a collective action the matter was settled for $1,048,900.00.
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*JANE & MARY DOE V. ABC RESTAURANT
Jane and Mary Doe, both teenagers, were victims of sexual harassment while they were employed in a fast food establishment. Their general manager touched them in an inappropriate manner. Their employer did not have a sexual harassment policy in place for reporting offensive and inappropriate sexual conduct. The two young women settled their individual claims for an undisclosed amount against the corporation and their manager was prosecuted in criminal court for sexual battery against a minor.
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*JOHN DOE V. ABC ENGINEERING FIRM
John Doe brought a claim for age discrimination against his employer and he was informed in a meeting that the company was looking for "new blood" as well as a "more vigorous, youthful approach" to its marketing. The matter was resolved for an undisclosed amount along with a letter of recommendation.
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*BOB & SUE JONES V. ABC CORPORATION
Mr. & Mrs. Jones had a child that was injured in an accident and was hospitalized for an extended period. As both Mr. and Mrs. Jones worked for the same company they contacted their human resources representative and asked what they could do to utilize the Family Medical Leave Act. They were informed that no one had yet utilized the act but not to worry that the company would work with them and they could take as much time off as they needed to be with their child. When their continued absence from work became an issue with their employer, although it was for a lesser period of time than the Family Medical Leave Act provides, they were terminated. When they confronted their employer as to a reason for their dismissal they were informed that they were in violation of a company policy dealing with excessive use of personal e-mails. The case was filed in U.S. Federal District Court and after a request was made for all company employees' e-mails that were "personal" in nature the case was resolved for an undisclosed financial settlement.
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*MARY DOE V. ABC MEDICAL CLINIC
Ms. Doe, a nurse, became aware of inappropriate billing practices by the medical clinic where she was employed. When she brought her concerns to the attention of the comptroller he indicated that he was aware of the practices and that he was resigning for fear that he might somehow be implicated in any legal proceeding that might arise as result of fraudulent book keeping. Shortly thereafter Ms. Doe was contacted by her supervisor and asked if she had made any complaints to the comptroller concerning billing irregularities. When she indicated that she had her employ with the clinic was terminated. Ms. Doe then filed a whistle blower claim and the case was settled prior to trial for an undisclosed amount
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*JOHN SMITH V. ABC COMPUTER REPAIR COMPANY
John Smith was employed as a computer repair technician. He was informed at the time he was hired that he would be considered a salaried employee. The nature of his job was non-managerial in as much as his sole responsibility was to repair laptop computers. His job required him to regularly work between fifty (50) and fifty-five (55) hours per week. When he inquired as to why he was not receiving overtime he was told he was a salaried employee and as such was not entitled to overtime. He filed suit in U.S. Federal District Court on behalf of himself and all other persons similarly situated. The federal court certified the collective action and after the certification process he, along with sixteen (16) other employees received two years of unpaid overtime.
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*MARY SMITH V. ABC NURSING HOME
Ms. Smith, along with several other individuals, were mis-classified as management personnel and as such treated as salaried employees. They routinely worked in excess of forty (40) hours per week. When they questioned why they were not receiving overtime pay they informed that as management they were exempt under the Fair Labor Standards Act. The responsibilities and duties entrusted to them did not rise to the level to classify them as a salaried employee and they filed suit in U.S. Federal District Court to determine if they should receive overtime. Prior to certification of the issue the matter was resolved through Alternative Dispute Resolution process and they received two years worth of back overtime pay.
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*AMY SMITH V. ABC FAST FOOD BUSINESS
Ms. Smith, on behalf of herself and all other persons similarly situated, brought a claim for unpaid overtime against her employer, a fast food establishment. Ms. Smith alleged that she and other employees were routinely required to "clock-out" on the time clock but continue to perform their job responsibilities. It was alleged that this off the clock requirement by the employer and its failure to compensate its employees for hours worked in excess of forty (40) hours was a violation of the Fair Labor Standards Act and that they were entitled to overtime. The matter was resolved for an undisclosed amount prior to trial
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