Current FLSA Class Action Investigations and Cases
International Academy of Design and Technology and CEC, Violation of FDUTPA
Feldman Fox and Morgado is investigating the policies, practices and conduct of IADT and its parent corporation Career Education Corp (CEC) for violation of the Florida Deceptive and Unfair Trade Practice Act (FDUTPA) related to misrepresentations, omissions, misleading information and unconscionable conduct. If you are like many students, saddled with thousands or $100,000 or more now in student loans for which you and your co-signers are unable to pay back, or are in default, we want to speak to you about your education experience at IADT. IADT is a for-profit division of CEC, which self-reported in its SEC filings, that internal audit that a large percentage of its schools failed to meet the required ACICS accreditation placement numbers
If you are a former teacher, instructor, admissions rep, career services rep, financial aid rep, or other employee of IADT or CEC, we would like to speak to you about your employment experience. Call us today, 866-490-6218.
Current Investigations FLSA
AT & T Employees/Sales Representatives FLSA Overtime Wage Violations
Feldman Fox & Morgado is investigating a wage and hour violation by AT & T for failure to properly compensate employees overtime wages. The FLSA requires that all compensation be used in the determination of the applicable overtime wage rate. According to our investigation, AT & T only pays its commissioned/bonus employees time and one half for overtime hours worked, failing to include the value of the bonus and commission money in the calculation leading to a significant underpayment of wages owed.
If you are a current or former AT & T employee, we would like to speak to you about your employment experience and the wage practices of AT & T. Call us today, 866-490-6218.
AT&T FLSA violation of commissioned sales representatives
Did you work as a commissioned sales representative for AT&T? Did you work overtime?
At Feldman, Fox & Morgado we are currently investigating AT&T for violations of the Fair Labor Standards Act (FLSA) overtime laws. We are seeking witnesses that have first-hand experience.
The FLSA requires that all compensation earned by a non-exempt employee must be included in the calculation of the base pay rate and in order to determine the appropriate overtime wage rate. Our investigation reveals that commissions were NOT included in this calculation, resulting in a violation of the FLSA and the failure of AT&T to properly compensate sales representatives.
It is important that you understand your rights and actively seek legal protections from FLSA violations. You also have protections under state and federal law from retaliation for demanding proper pay. If you have information about the payment practices at AT&T, contact the FLSA attorneys at Feldman, Fox & Morgado today.
Feldman, Fox & Morgado is investigating the overtime wage practices of AT&T for sales representatives. If you are a current of former AT&T commissioned employee or sales representative and have worked over 40 hours in any week during the past 3 years, we would like to speak to you about your employment experience. Se Habla Español.
Contact us today via telephone, or email to Mfeldman@ffmlawgroup.com
At Feldman, Fox & Morgado we are currently investigating Specialty Restaurants Corporation for violations of the Fair Labor Standards Act (FLSA) overtime laws. The lawsuit claims that Specialty Restaurants Corporation misclassified some of their employees. For example, Line Cooks and Sous Chefs were classified as Management and were therefore treated as exempt from overtime. We are seeking witnesses that have first-hand experience with any of the following restaurants owned by Specialty Restaurants Corporation:
- 94th Aero Squadron Restaurant
- Castaway Restaurant
- Guaymas Restaurant
- HS Lordships Restaurant
- Luminarias Restaurant
- Monterey Hill Steak & Seafood Restaurant
- The Odyssey Restaurant
- Orange Hill Restaurant
- The Proud Bird Restaurant
- The Reef Restaurant
- Shanghai Red's Restaurant
- The Sunbird Restaurant
- The Rusty Pelican
- Whiskey Joe's Bar & Grill
- 56th Fighter Group Restaurant
- Templeton Landing Restaurant
- 100th Bomb Group Restaurant
- The River Club Restaurant
- Brady's Landing Restaurant
Did you work for one of these restaurants? Were you classified as exempt from overtime, but your main responsibility was that of a Cook, not managing others or having hiring, firing, disciplining authority? We want to hear from you TODAY!
You have rights under the FLSA laws - discuss your case with the Employment Law attorneys at Feldman, Fox & Morgado. Se Habla Español.
FFM investigating FLSA violations by Takeda Pharmaceuticals
At Feldman, Fox & Morgado we are investigating several pharmaceutical companies, including Takeda Pharmaceuticals America, Inc., for Fair Labor Standards Act (FLSA) violations. Were you a Takeda Pharmaceuticals Sales Representative? If so, we want to talk with you TODAY about your experience.
Pharma Sales Reps often have no authority, are micromanaged, and are forced by company policies to work overtime. Pharma Sales Reps are systematically misclassified as exempt from overtime.
In order to be exempt from overtime pay, an outside pharmaceuticals sales rep would need to have a direct effect on the sales transaction. Since the physician prescribes the drug to a patient and does not buy the drug directly from the sales rep, the rep does not have a direct effect on the sale. Therefore, the classification of Takeda Pharmaceuticals sales reps as except from overtime may be a violation of the FLSA regulations. Contact Feldman, Fox & Morgado to discuss your case TODAY.
Was this your experience at Takeda Pharmaceuticals? If so, you should immediately seek legal representation to protect your rights and determine if you are eligible for overtime pay - compensation can include up to 3 years of back OT pay.
You may be eligible for additional compensation if you currently work or previously worked as a Pharmaceutical Sales Representative.
Sales Rep titles vary, but may include: Sales or Senior Sales Representative, Territory or Senior Territory Manager, Specialty or Senior Specialty Sales Representative or Territory Manager and/or Health System Manager I or II.
Takeda Pharmaceuticals may have misclassified their Sales Reps as exempt employees and not paid overtime for hours in excess of 40 hours worked in a given week. Employee misclassification falls under the Fair Labor Standards Act (FLSA). You have rights and recourse. Call Feldman, Fox & Morgado today. Se Habla Español.
Investigation into JP Morgan Chase ("Chase") OT Payment Practices
Did you work for JP Morgan Chase as a -
Customer Relationship Manager, Call Center Employee, Forbearance Employee or Collections Employee?
If so, Feldman, Fox & Morgado wants to talk with you today!
Feldman, Fox & Morgado is currently investigating the overtime payment practices of JP Morgan Chase. We are interested in talking to witnesses and past employees about the process for calculating overtime pay in relation to hours worked and bonus pay. Do you have a record of all hours worked, commissions and bonuses paid and overtime compensation? If so, we would like to discuss your information concerning JP Morgan Chase's payment practices.
Under the Fair Labor Standards Act (FLSA), in order to calculate the correct overtime wage rate, the employer must consider all compensation received. We are investigating whether JP Morgan Chase incorrectly paid overtime wages. By failing to include the bonus money received into the calculation of the correct overtime payment, JP Morgan Chase only paid time and a half without consideration for regular bonus pay.
We are seeking any former call center employees specifically from Texas, Arizona (Tempe & Phoenix) and Florida (Jacksonville & Tampa). Call Feldman, Fox & Morgado TODAY!
It is important that you understand your rights and actively seek legal protections from FLSA violations. You also have protections under state and federal law from retaliation for demanding proper pay. If you have information about the payment practices at JP Morgan Chase, contact the FLSA attorneys at Feldman, Fox & Morgado today. Se Habla Español.
Protecting Your Interests. Enforcing Your Rights.
Erin Carr; John Kary; Deanna Suschena; Edith Roa; & Tammi Jean v. Pro Source Services, Inc. d/b/a Capital Marketing Solutions
Feldman, Fox & Morgado is currently representing the plaintiffs in an employment law case against Capital Marketing Solutions. Under the Fair Labor Standards Act (FLSA) and the Florida Minimum Wage Act the plaintiffs, and potentially the class, are seeking compensation for unpaid wages for services rendered. The lawsuit claims that Capital Marketing Solutions intentionally failed to compensate employees where the commissions earned did not equate to the equivalent of the state and federal minimum wage, violating not only FLSA but Florida's Minimum Wage Act, as well.
It is important that you understand your rights and actively seek legal protections from violations of FLSA or minimum wage law. Contact Feldman, Fox & Morgado today to discuss your individual circumstances.
Feldman, Fox & Morgado is investigating the Fidelity Netbenefits program
Feldman, Fox & Morgado has initiated an investigation into potential consumer and fiduciary violations associated with the Fidelity Netbenefits program plan. We are seeking witnesses to provide first-hand information and answers to some pressing questions. If you are currently, or have been a Fidelity Netbenefits plan member, we want to talk with you TODAY!
Some of the questions we are seeking to validate are:
- Does your Fidelity Netbenefits program have inaccurate benefit calculations?
- Do you feel that your Fidelity Netbenefits program has poor or misleading fee disclosure information?
- Was the online access difficult to navigate and did it require/advise you to "read the prospectus" prior to participation in online activities?
- Are you in California or Connecticut?
If so, we would like to talk with you about the Fidelity Netbenefits program.
Are you a past Fidelity employee who worked on the Netbenefits program? Or are you an HR employee of a company or PEO that offered Fidelity Netbenefits? If so, we are seeking information that you may be able to provide.
- Do you know how the program works and how the fee structure is presented to the Fidelity Netbenefits customers?
- Do you have program documentation designed to be distributed to program participants?
- Do you have memos involving fee disclosure documentation?
At Feldman, Fox & Morgado we are seeking information and witnesses to provide answers to these and other important questions surrounding the Fidelity Netbenefits program. Call Attorney Dale Morgado today to discuss our investigation. Se Habla Español.
Dale J. Morgado
Feldman, Fox & Morgado, PA
100 North Biscayne Blvd.
29 th Floor, Suite 2902
Miami, Florida 33132
Phone: 305-222-7850
Email: dmorgado@ffmlawgroup.com
Bar Louie Tip Pooling - Collective Action
Bar Louie allegedly required bartenders and servers to pool their tips and share or "tip out" a percentage to Bar Louie managers. Feldman, Fox & Morgado recently filed a national wage and hour lawsuit claiming that Bar Louie has engaged in an unlawful tip pooling practice. The lawsuit against Bar Louie claims that bartenders and servers were forced to share tips with managers - a violation of Federal Labor Law.
Implementing a tip pooling policy in violation of FLSA regulations can affect an employee's pay. Under the federal wage law, an employer could be liable for $3.02 for each hour worked by each tipped employee. Therefore, you could be entitled to additional per hour back pay. You may also be entitled to recover the tip money you were required to share with others. The FLSA also provides for liquidated (or double) damages, plus attorney's fees and costs.
It is important that you understand your rights and actively seek legal protections from FLSA violations. You also have protections under state and federal law from retaliation for demanding proper pay.
For more information, read the Complaint. Tip Pooling violations fall under the FLSA. You have rights and recourse. Call Feldman, Fox & Morgado today. Se Habla Español.
Relevant Documents:
Smokey Bones - Tip Sharing Investigation
Feldman, Fox & Morgado is currently investigating possible Fair Labor Standards Act (FLSA) violations of federal tip pooling regulations at the Smokey Bones restaurant chain. If you have first-hand knowledge of the tip pooling practices at Smokey Bones, please contact the Labor and Employment attorneys at Feldman, Fox & Morgado to discuss our investigation.
Implementing a tip pooling policy in violation of FLSA regulations can affect an employee's pay. Under the federal wage law, an employer could be liable for $3.02 for each hour worked by each tipped employee. Therefore, you could be entitled to additional per hour back pay. You may also be entitled to recover the tip money you were required to share with others. The FLSA also provides for liquidated (or double) damages, plus attorney's fees and costs.
It is important that you understand your rights and actively seek legal protections from FLSA violations. You also have protections under state and federal law from retaliation for demanding proper pay. If you have information about the tip pooling program at Smokey Bones restaurants, contact the FLSA law practice attorneys at Feldman, Fox & Morgado today.
Protecting Your Interests. Enforcing Your Rights.
Shack et. al. v. Miami Dade College, Case No. 1:11-CV-21457 (Southern District of Florida)
What is this Case About?
Simply stated, this case is about racial discrimination and retaliation. A group of black custodians claim they were discriminated and retaliated against because of their race. They claim the discrimination started in late 2005 and early 2006 and continues through today. They claim the discrimination comes in more than one form, including being treated differently than those of other races
What time period does this Case seek to cover?
The case is framed as a class action and purports to encompass black employees that used to work or currently work at Miami College anytime between 2005 to the present
For More Information & Witnesses
If you wish to discuss this case with us, if you have information about the case, or you seek further information about the case, please feel free to contact: Dale J. Morgado at 305-222-7850 or send him an email at dmorgado@ffmlawgroup.com.
Relevant Documents
Dalgar v. Gordon
Case : Joni Dalgar v. Kenneth A. Gordon, Franbiz FL 158, Inc., Franbiz 601, Inc. Case No. 11-10486
Court: Circuit Court, 6 th Judicial Circuit, Pinellas County
Case Synopsis: case concerns claims of fiduciary duty violations, corporate mismanagement, self-dealing, diversion of corporate assets, and related causes.
Relevant Witness: we wish to speak witnesses who have information about any of the facts alleged in the complaint.
Relevant Documents: Verified Complaint
Contact: Dale J. Morgado if you are a witness with relevant information. 305-222-7850 or dmorgado@ffmlawgroup.com
Bernar Espanol, et. al. v. Avis Budget
Inc. Case No. 8:10-cv-944T30
Case Synopsis: In general, the Plaintiff, Bernar Espanol, and all others who are similar and consent to their inclusion in the case allege:
- that they worked more than 40 hours a week;
- that they were not paid overtime for work performed after 40 hours in a week;
- were employed under the title "shift manager"
- worked for either Avis or Budget at one of their larger airport locations; and
- were misclassified as exempt under the Fair Labor Standards Act.
Why are they claiming misclassification and overtime? In general, because their duties were like that of an hourly paid employee, for example,
- Mainly cleaning, renting or moving cars;
- Lacking the ability to hire, fire, train or generally perform their jobs without being constantly supervised; and
- Lacking managerial discretion.
How Do I Join?
In order to join the lawsuit you have to have worked for Avis or Budget at least sometime between October 17, 2008 and the present. You must have worked during that time as a Shift Manager. You must have worked over 40 hours in at least one work week. You must have worked at certain designated airport locations. You must complete and return the below Consent to Opt-In Form. You may return it to Dale J. Morgado at dmoragdo@ffmlawgroup.com or by fax at 305-384-4676. If you have questions you may call 305-222-7850.
What are your rights and options?
You can choose to join the lawsuit by filing the attached consent form by the deadline. If you do not want to participate in this lawsuit you do not have to do anything at this time. Joining this lawsuit does not guarantee that you will receive an award of damages. You will receive damages only if (a) you join the lawsuit; (b) the Court determines that your claims and the claims of other class members are sufficiently similar to be pursued in one lawsuit; and (c) the Court determines that ABCR and/or Budget owes you overtime pay under the Fair Labor Standards Act. If you join this lawsuit, you may be asked to participate in the discovery process or otherwise provide information in the litigation. You will also be legally bound by all orders and judgments of the Court and you won't be able to sue Avis or Budget about the claims in this case in any other lawsuit. If you don't join the lawsuit you can't share in any money if it is obtained.
If I still work for Avis or Budget can I get in trouble for joining the lawsuit?
No. Federal law prohibits ABCR and/or Budget from firing or in any way discriminating against you because you have joined this lawsuit. However, participating in this lawsuit does not excuse current employees from complying with ABCR's and Budget's existing policies and work rules.
Who will represent you?
If you join this lawsuit, you will be represented by Feldman, Fox & Morgado, P.A. These attorneys are being paid on a contingency basis, which means that they will not be paid any attorneys' fees unless money is recovered for the Shift Managers. If there is a recovery, the attorneys either will receive a part of that recovery or will seek to have their fees paid separately by ABCR and Budget.
How can you get more information?
Further information about this Notice, the enclosed Notice of Consent form, the deadline for filing your form, or any other aspect of this lawsuit may be obtained by contacting Attorney Dale J. Morgado at 305-222-7850 or dmorgado@ffmlawgroup.com.
Case Status:
On October 18, 2011, the Court conditionally certified their class and will permit Plaintiffs to send out Notices informing potential members of their rights, and that they may be able to join the case by "opting" in through the completion of an opt-in form.
Relevant Documents:
- Motion to Certify Conditional Class
- Order Granting Motion to Certify Conditional Class
- Consent to Join
Information about opting into the lawsuit, factual witnesses, information about the case in general or for any other information you seek about the case should be directed to:
Dale J. Morgado
Feldman, Fox & Morgado, PA
100 North Biscayne Blvd.
29 th Floor, Suite 2902
Miami, Florida 33132
Phone: 305-222-7850
Email: dmorgado@ffmlawgroup.com
NationsHealth Sales Reps Owed Back Overtime Pay
Did you work for US Pharmaceuticals Group as a Sales Representative between 2008 and present? You may have been classified as an exempt employee and therefore not eligible for overtime pay. If so, you would not have been paid for your hours worked over 40 hours per workweek.
Feldman, Fox & Morgado is currently investigating the employment practices of NationsHealth and their subsidiary United States Pharmaceuticals Group. We are interested in talking to witnesses and past employees about hours worked and compensation. If you have a record of all hours worked, and did not receive compensation for your overtime, we would like to discuss your case. You may be eligible to participate in a collective action against United States Pharmaceutical Group.
We are also investigating the commission practices of NationsHealth and US Pharmaceutical Group. We are seeking evidence of Sales Reps not receiving commissions on all sales made. If you have information on this practice, please contact Feldman, Fox & Morgado immediately.
United States Pharmaceutical Group may have misclassified their Sales Reps as exempt employees and not paid overtime for hours in excess of 40 hours worked. As well, NationsHealth and their subsidiary United States Pharmaceuticals Group may not have paid full commissions owed on sales. Employee misclassification falls under the Fair Labor Standards Act (FLSA). You have rights and recourse. Call Feldman, Fox & Morgado today. Se Habla Español.
Relevant Documents:
Elliott et. al. v. Stoneybrook Golf & Country Club of Sarasota, Inc.
Case No.: 8:11-CV-02329
Location: Middle District of Florida
Case Synapsis: Invalid Tip Pool - Unlawful Distribution of Tips to Management. In general, Plaintiff and all others who are similar and decide they would like to opt-in to the case, allege that Defendant requires its servers to participate in a tip pool, whereby servers are required to contribute 100% of their tips to the Defendant. The Defendant would in turn distribute the tips according to hours worked to servers and other employees who do not customarily and regularly receive tips. Further, Plaintiff alleges that Defendant's request an 18% gratuity charge on checks but that it does not provide the 18% collected solely to servers, but rather redistributes the collected gratuity charge to other employees who are not customarily tipped, such as the managers.
Proposed Class Definition:
All persons who have worked as a Server at the Stoneybrook Golf & Country Club of Sarasota between October 10, 2008 and the present.
For Information:
Information about opting into the lawsuit, factual witnesses, information about the case in general or for any other information you seek about the case please direct it to Dale J. Morgado at 305-222-7850 or send him an email at dmorgado@ffmlawgroup.com
Relevant Documents:
Regions Bank Charges Fee for Free Checking
Did your Free Checking Account with Regions Bank recently become a fee based service?
At Feldman, Fox & Morgado, we are investigating the billing practices of Regions Bank. We are seeking witnesses for our national class action to help us determine if Regions Bank is practicing deceptive and unfair billing. If you had a checking account with Regions Bank at any time between 2008 and the present, you may be eligible to participate in this case.
Review your monthly Regions Bank statements NOW!
Does the statement still refer to your account as "Free Checking" while charging you a Service Fee? These monthly service fee charges may be contrary to state and federal regulations.
We are seeking witnesses for the Feldman, Fox & Morgado class action lawsuit against Regions Bank for deceptive and unfair fees. Call Today! Se Habla Español.
Wong et. al. v. Novartis
Case No. 0:11-CV-4749 Southern Dist. of New York
(Overtime Claim by Sales Reps)
What is the Case About?
Simply stated this case is about overtime. This Fair Labor Standards Act case filed against Novartis Pharmaceuticals challenges the classification that Sales Representatives, Sales Consultants, Senior Sales Consultants, and/or Executive Sales Consultants should have been paid overtime for those hours worked over 40 in a given week.
What time period does this case seek to cover?
The proposed class definition and time period the Plaintiff seeks through the Complaint are Sales Representative, Sales Consultant, Senior Sales Consultant, and/or Executive Sales Consultant at some point between July 8, 2008 and today for Novartis Pharmaceuticals and worked more than 40 hours in at least one week and not paid overtime.
For More Information
If you wish to discuss this case with us, or you seek further information about the case, please feel free to contact: Dale J. Morgado at 305-222-7850 or send him an email.
Possible Violations of Securities Laws by Career Education Corp.
Feldman, Fox & Morgado has initiated an investigation into the possible fiduciary duty breaches, as well as other violations of federal securities laws, by officers and directors of Career Education Corporation (NASDAQ: CECO). If you purchased common stock in CECO between November 2010 and August 2011, Feldman, Fox & Morgado would like to discuss this investigation with you. Read more.
Investigation and lawsuit against Budget Rent A Car for billing practices of Fuel Service Charge
Feldman, Fox & Morgado has initiated an investigation into the billing practices of Budget Rent A Car for unfair billing without notification. Feldman, Fox & Morgado would like to discuss Budget's Fuel Service Charge and this investigation with you. Read more.
Angela Schenburn v. Big Lots Stores Inc.
United States District Court, Middle District of Florida, Fort Myers Division
Class action and individual claims for condominium deposit recovery against the Aqualea Resort developer in Clearwater Florida. The firm is pursuing class action as well as individual claims for recovery of deposits and lost rental income. If you are a purchaser of a Unit at this Resort or an owner, we urge you to contact our firm to discuss the facts of your purchase and any rental income.
KB Homes class actions: The firm is pursuing claims against KB homes for construction defects, mold and breach of contract. If you have purchased a KB home within the past 5 years and have experienced mold, water damage, foundation cracks and other defects, we urge you to contact us to discuss your situation.
CLASS ACTION CASE:
ARTZ et al v. City of Tampa, Board of Trustees for City Pension Fund, IIAF and PBA: The firm represent a large group of retired City of Tampa Police officers and Firefighters against these entities for their purposeful refusal to honor promises and obligations to provide them with a pension benefit multiplier, promised and guaranteed to the class of 160 members of the City DROP program. The Plaintiffs AND the proposed class of 160 members will be seeking damages estimated at almost $8 million dollars $8,000,000.00, with monthly damages continuing to grow at upwards of $130,000 per month in past due pension benefits for the DROP group class. If you would like additional information on this case, please contact the firm. Additionally, if you have any information relative to this case, we ask for you to contact the firm.
ADDITIONAL CLASS ACTION IN THE WORKS:
The firm currently represents a group of 96 retired Police and Firefighters in a class action claim for pension benefits valued at $7.5 million dollars and continuing, in the matter of ARTZ v. City of Tampa.
The Firm is handling a collective action against Hoover Industries for multiple FLSA violations seeking to recover lost wages.
DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm's case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past result because prior results do not guarantee a similar outcome.
