CASES WE HANDLE/
The cases handled by the seasoned litigators at Feldman Legal Group show our winning results. We fight for our clients’ rights and get them the compensation they deserve. Here are some details about a number of cases we successfully handled.
PENDING - Lawsuit for Overtime Wages Owed by Sage Software, Inc./
Employment law attorneys with extensive experience in class action cases at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for inside sales reps at Sage Software.
This is a second case brought against Sage Software, Inc. in the last 2 years for overtime wages. (See a below description to learn more about the first Sage case.) The plaintiffs in this case are all hourly, non-exempt sales employees of Sage. As a matter of law, any overtime hours they worked are required to be paid at rates of time and one half of their regular rate of pay (including base pay plus the commissions earned in each pay period).
Details About the Sage Software Case - Funna and Leano v. Sage Software, Inc./
CASE: Funna and Leano v. Sage Software, Inc. Case 1:19-CV-01074-MLB, United States District Court, Northern District of Georgia.
Mr. Funna and Ms. Leano worked for Sage Software selling software and cloud based services. They routinely worked overtime hours without being paid for all hours worked.
Sage had a de facto policy which discouraged inside sales reps from reporting or claiming all overtime hours worked, contending that such hours had to pre-approved.
View the Amended Complaint (pdf)
Intimidation and Threats
Some inside sales reps never were paid any overtime hours due to the coercion, intimidation and other pressure to not report these hours. While under threats of heightened scrutiny and discipline, and termination of employment, they were discouraged from complaining about not being paid for overtime hours.
Have You Worked as an Inside Sales Rep for Sage Software?/
If you are a present or former inside sales rep of Sage Software and were not paid a premium (overtime pay) for all hours worked, the attorneys at Feldman Legal Group want to speak to you about your work experience.
PENDING - Lawsuit for Overtime Wages Owed by Marketsource, Inc./
Employment law attorneys with extensive experience in class action cases at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for Honda Zone Recall Specialists, Product Event Specialists, and Recall Coordinators who work from home and travel to the homes of Honda owners to coordinate replacement of defective airbags.
Details About the Marketsource Case - Tratter and Tarsa v. Marketsource, Inc./
CASE: Tarsa and Trattner v. Marketsource, Inc. Case 1:19-MI-99999-UNA, United States District Court, Northern District of Georgia.
Ms. Tarsa and Ms. Trattner were employed as “Honda Zone Recall Specialists” by Marketsource, Inc. They were based as working from home and their duties included driving in a large region. Ms. Trattner drove throughout NY, VT, NH, MA and CT; Ms. Tarsa drove throughout CA. They visited homes of Honda owners whose vehicles had defective airbags and they coordinated the replacement of those airbags. Marketsource classified these positions as exempt from overtime, and the plaintiffs argue their positions were not exempt and they are owed wages for the overtime hours they regularly worked.
This lawsuit alleges and seeks to recover overtime wages for all persons working in California within the past 4 years, and for the past 3 years outside of California, prior to July 2019, under the job titles of “Honda Zone Recall Specialist,” “Product Event Specialist,” “Recall Coordinator,” or other titles used to describe the same position.
Please review the Amended Complaint document for information about both the Trattner (adds plaintiffs in California) and the Tarsa case. The original complaint to which we provide a link includes information about only the Tarsa case.
View the Amended Complaint (pdf)
View the Original Complaint (pdf)
Have You Worked as a Honda Recall Specialist for Marketsource?/
If you want more information or have any questions about your work experience with Marketsource, please contact Feldman Legal Group today.
PENDING - Lawsuit for Overtime Wages and Damages by Hertz Corp. and Dollar Thrifty Employees/
Employment law attorneys with extensive experience in class action cases at Feldman Legal Group are providing legal representation in an FLSA class overtime wage lawsuit for Location Managers, Function Managers and Operations Managers who work outside in the rental car lot, at check-ins, the entry gate, in stalls, at the pump, etc.
Details About the Hertz Case - Aiyekuisibe, Higginson and Brown-Winn v. The Hertz Corp/
CASE: Aiyekusibe, Higginson and Brown-Winn v. The Hertz Corporation and DTG Operations, Inc., Case 2:18-CV-00816-FTM99-MRM, United States District Court, Middle District of Florida.
Mr. Aiyekusibe was hired as an Operations Manager (later called a Function Manager) and worked primarily performing manual labor in the lot alongside other managers working in the exterior checking in cars, handling stalls, working the gate, and washing and getting cars ready for check-ins. Mr. Aiyehusibe has since been joined by 2 more location/function managers who from the BWI Hertz / Dollar Thrifty airport location, Mischele Higginson and Shatal Brown-Winn.
All workers performing these roles were classified as exempt from overtime wages. Hertz Corp. and its subsidiary, Dollar Thrifty, willfully violated the overtime wage laws by classifying these workers as exempt and forcing them to work up to 70 or more hours per week, without breaks, and without being paid any premium pay for overtime hours to save themselves millions of dollars in labor costs.
This lawsuit alleges and seeks to recover for all such persons, overtime wages for the past 3 years to the present and an equal sum in liquidated damages.
For more information about the class collective action case against Hertz and its subsidiary, Dollar Thrifty, please visit this site about Location and Function Manager overtime wage case.
Below you can view the court document filings for the original Bamidele Aiyekusibe case and the more recent case in which he is joined by Mischele Higginson and Shantal Brown-Winn.
View the Aiyekusibe, Higginson and Brown-Winn Complaint (pdf)
View the Original Aiyekusibe Complaint (pdf)
Have You Worked in Exterior Operations for Hertz or Dollar Thrifty?/
If you want more information or have any questions about your work experience with Hertz or its subsidiary, Dollar Thrifty, please contact Feldman Legal Group today.
PENDING - Class Action Lawsuit for Minimum Wages by Valets of Seven-One-Seven Parking Services/
In Marcus Bodie v. Seven-One-Seven Parking Services, Inc., the complaint alleges that all parking valets are entitled to reimbursement of the $3.02 tip credit taken by the employer.
View the complaint (pdf)
The Florida employment law attorneys at Feldman Legal Group represent valets in this case in which Seven-One-Seven violated the tip credit prerequisites and requirements of the FLSA and the Florida Minimum Wage Act, as well as Article IX, Section 24 of the Florida Constitution. The company used an automatically filled in tip about of $3.02 per hour for each valet rather than accurately tracking tips. Furthermore, at times, valets working for this company sometimes earned less than minimum wage, even with earned tips.
Have You Worked for Seven-One-Seven Parking Services Inc.?/
If you want more information or have any questions, please contact Feldman Legal Group today.
$4.8 Million Settlement - Lowe's Human Resource Managers Misclassification and Overtime Wages/
Feldman Legal Group, PA obtains $4.8 million settlement in class overtime wage case against Lowe’s.
Lizeth Lytle, individually and on behalf of all others similarly situated v. Lowe’s — case settled $4.8 million — overtime wage claim for class of HR managers.
PENDING - Sage Inside Sales Representatives Collective Action Overtime Wage Lawsuit/
Feldman Legal Group Wins Conditional Certification of FLSA Collective Action/
The Certification for Collective Action moves forward the case of inside sales reps of Sage Software Inc. and Sage Payment Solutions Inc. (now PAYA INC.) for overtime wage claims.
Orion Sellers and Renee Bell v. Sage Group PLC, Sage Software Inc., and Sage Payment Solutions, Inc.
See the Collective Action Certification (pdf)
The defendants routinely worked more than 40 hours a week, but were not paid overtime. Sage violated the Fair Labor Standards Act (FLSA) by not having a time tracking system for the inside sales reps to log in and out of for arrival, departure and breaks.
The complaint filed by Feldman Legal Group seeks to recover overtime for all inside sales reps, wages at one and one half the employees regular rate of pay (which includes the value of all commissions in the calculation not just time and a half of the base pay), plus double the wages owed as liquidate damages, attorney’s fees and expenses.
Are You an Inside Sales Rep at Sage Who Was Denied Overtime?/
If you believe you could join our collective action, please contact the employment law attorneys at Feldman Legal Group to find out if you can be part of this case. If you did not work at Sage, but believe your employer has violated wage laws, contact us. We offer free assessments.
VERDICT - Store Manager Unlawful Termination/
Feldman Legal Group PA obtains trial verdict for former store manager unlawfully terminated in violation of his employment contract.
Ahmed Mohammed v. Big Bend Belcher, Inc., Case No.: 09-CA-029400, Hillsborough County Circuit Court: Trial verdict for former store manager of Tuffy’s Auto, who was fired while under employment contract. Employer defended testifying Mohammed quit, and the court found that Mohammed was fired and awarded damages and attorney’s fees.
$2.9 Million Collective Action Settlement Against Payless/
As a result of this case, Payless paid more, $2.9 million more, in a Connecticut FLSA settlement with store managers seeking overtime wages. The store misclassified the employees in a move to avoid paying them overtime.
See the Court Ordered Settlement for $2.9 million.
Following on the increase in wage class actions, this week brings us a hefty settlement for shoe retailer, Payless Shoesource Inc. Last March, former Payless store managers filed suit in Connecticut federal court, accusing the company of misclassifying them as exempt and failing to pay them overtime.
In the Shallin, et al v. Payless ShoeSource case, the Federal District Court approved $2.9 million collective action settlement for store leaders and store managers in identified classes. These employees were denied overtime pay because their employer, Payless, misclassified their positions as exempt.
VERDICT - Contract Dispute with Employer/
This case, Phyllis Heiffer v. IDS Telecom and IDS Long Distance, resulted in a directed verdict for both parties. Employment law litigators of Feldman Legal Group argued the case involving a labor and employment contract dispute between IDS and Heiffer, a former sales/national account manager and former employer.
Uber Settlement with Drivers/
Uber will pay up to $100 million to settle labor suits with drivers.
Fleetmatics Misclassifies Inside Sales Reps to Refuse Overtime Pay/
Collective action against Fleetmatics under the Fair Labor Standards Act to require payment of overtime wages due to employees that were classified as exempt from receiving overtime payment.
The case is Gillard, Stramiello, individually and on behalf of all others similarly situated v. Fleetmatics USA LLC. 8:16-cv-00081-JDW-MAP, pending in the United States District Court, Middle District of Florida.
See the complaint (pdf)
Plaintiff are present and former inside sales representatives of defendant Fleetmatics working under titles of business development representative and closer. The lawsuit seeks conditional certification as a collective action on behalf of the class of inside sales representatives consisting of all current and formerly employed inside sales reps of Fleetmatics working under one or more of the following job titles: Closer, Business Development representative, Account Manager, Account Rep, Consultant, Account Executive, Account Manager and others over the preceding 3 years.
Collective Action Against Tire Kingdom for Overtime Wages Due/
We filed a collective action complaint on behalf of Czopek, Knott and Eastlick, in the U.S. District Court, Middle District of Florida.
Tire Kingdom violated the Fair Labor Standards Act in multiple ways. They did so by requiring hourly employees to work off-the-clock, by shaving employees’ time records, by failing to properly calculate overtime wages, by improperly using debit cards to pay wages, by improperly classifying mechanics as exempt from overtime compensation, and by failing to pay proper minimum wages to tire technicians.
The transaction for the case name, Czopek et al v. TBC Retail Group, Inc., was entered and filed on 8/7/2015. It’s Case number is 8:14-cv-00675-CEH-TBM. The docket text reads: ORDER granting in part and denying in part [75] Motion to Certify Class. See Order for details. Signed by Judge Charlene Edwards Honeywell on 8/7/2015. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (ABC).
See the collective action complaint (pdf)
Overtime Wage Case - Stewart v. Enhanced Recovery Company, LLC/
FLSA class overtime wage case on behalf of all hourly employees of ERC for failure to pay overtime wages at a rate of one and one half times the employees’ regular rate of pay.
Stewart, a former collections employee, alleges that she often worked over 40 hours in a work week, and was paid on straight time, or her base hourly rate, and not time and one half. If you have any similar experience, we would like to speak to you. The suit seeks to recover for all hourly, non-exempt employees working under various job titles performing collection type services, overtime wages at a rate of 1.5 times the employees regular rate of pay for all overtime hours worked, and double the wages in liquidated damages.
See the filed complaint (pdf)
FLSA Action Against Burger King/
The Feldman Law Group obtained a class certification in FLSA action against Burger King for all present and former coaches and trainees.
See the Burger King Order (pdf)
Burger King Employee Misclassification Case/
Defendant, Burger King Corporation, has willfully chosen to uniformly misclassify a group of employees training to become Operation Coaches as exempt from the overtime wage provisions of the Fair Labor Standards Act.
See the collective action complaint (pdf)
Blue Bell Ice Cream Injury Investigation/
The attorneys at Feldman Legal Group are investigating injuries related to consumption of Blue Bell Ice Cream after the company announced a product recall after the Food and Drug Administration and the Centers for Disease Control found that it contains dangerous strains of listeria.
Lowe's FLSA Collective Action/
This collective action case against Lowe’s, Cynthia Augustyniak, Denise Giambrone and Julie Glover v. Lowe’s Home Center took place in New York District Court. Lowe’s willfully misclassified these employees who held the position of Human Resource Manger as exempt from overtime. In an attempt to save money, the company violated the Fair Labor Standards Act and New York law.
See the complaint (pdf)
ARS National Services FLSA Collective Overtime Wage Case/
Learn more about the ARS National Services FLSA collective overtime wage case.
See the complaint (pdf)
Payless ShoeSource NY - Overtime Wage Case/
Payless Shoesource, NY class-action lawsuit filed seeking overtime wages for all store managers and store leaders employed within the past six years who did not each week supervise two full-time employees or the equivalent of 80 hours. This is a class and collective action lawsuit for violation of ERISA and the FLSA.
See the class and collective action complaint (pdf)
Nextraq Class Action Lawsuit/
Discrete Wireless Inc., and Fleetcor Technologies, Inc. are doing business as (D/B/A) Nextraq. The case, Brown and Gillard v. Discrete Wireless Inc. and Fleetcor Technologies, d/b/a NEXTRAQ, was litigated by Feldman Legal Group in United States District Court, Middle District of Florida. It was a FLSA Collective Class Case for Inside Sales Representatives (Account Reps) for unpaid overtime wages.
Payless National Overtime Wage Case/
Mr. Winslow, a former store leader, filed this claim for overtime wages alleging that Payless Shoesource, and its parent company, Collective Brands, willfully misclassified all single unit store managers and store leaders as exempt from the overtime wage sections of the FLSA. The company did so knowing that because he, and others similarly situated, did not regularly and customarily supervise two 40-hour per week full-time employees, or the equivalent of 80 hours of subordinate labor, that they cannot be exempt managers according to the executive exemption found in the FLSA.
Learn more about the Payless Shoesource national overtime wage case for certain store leaders and store managers.
See the class and collective action complaint (pdf)
Tire Kingdom Class Action Lawsuit/
Plaintiffs, former Tire Kingdom retail Service Manager, Tech or Mechanic and Tire Tech, respectively, filed this Collective Action case for the class of all such similarly situated employees and seek National Class Certification for alleged willful, unlawful pay practices in violation of the Fair Labor Standards Act. The lawsuit alleges that they were subjected to such unlawful pay practices as shaving of time off of time records, forced working off the clock, working through lunches without additional compensation, failure to pay minimum wages for all hours worked up to 40 and failure to pay overtime wages for all hours worked over 40.
Lowe's Human Resource Managers Overtime Lawsuit/
From Law360, New York (Jan. 14, 2014, 4:38 PM ET)
A Florida federal judge on Friday conditionally certified a nationwide class of Lowe’s Home Centers Inc. human resources managers for claims they weren’t actually managers and were willfully misclassified as exempt from overtime pay requirements. U.S. District Judge Virginia M. Hernandez Covington conditionally certified as a collective action a suit brought by former Lowe’s employee Lizeth Lytle, accusing the retailer of violating the Fair Labor Standards Act’s overtime requirements.
View the case page to learn more about how HR managers at Lowe’s won conditional class certification in an overtime lawsuit.
FLSA Class Overtime Case of Trainees and Coaches Against Burger King/
This is a Fair Labor Standards Act (FLSA) class overtime case against Burger King on behalf of trainees and sales, profit and operation coaches seeking overtime wages. Burger King Corporation willfully misclassified these employees’ positions to avoid paying them overtime.
See the certification (pdf)
Failure to Pay Overtime to Inside Sales Representatives/
An inside sales rep frequently worked beyond 40 hours per week and received no overtime pay from Fleetcor Technologies. Later, this case became a class action suit against the company on behalf of eight sales representatives.
See more about this Fleetcor overtime case. You can also learn about the Discrete Wireless/Fleetcor d/b/a Nextraq inside sales rep class action lawsuit.
See the complaint (pdf)
*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.
The attorneys at Feldman Legal Group assist employees involved in overtime and wage and hour disputes as well as employment discrimination matters in Tampa, Jacksonville, and throughout Florida. We also have an office in Atlanta, Georgia.
