The cases handled by the seasoned litigators at Feldman Williams, PLLC 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.
Example Cases We Handle
Lowe’s Human Resource Managers Misclassification and Overtime Wages
Feldman Williams, 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.
Store Manager Unlawful Termination
Feldman Williams 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.
Payless Misclassifies Store Managers as Exempt from Overtime Pay
As a result of this case, Payless paid more in a Connecticut FLSA settlement with store managers seeking overtime wages.
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.
Phyllis Heiffer v. IDS Telecom and IDS Long Distance: Handled by Mitchell Feldman, Esq. Broad and Cassell, counsel for Plaintiff Heiffer. Labor and employment and contract dispute between former sales/national account manager and former employer. Venue: Broward County, Florida. Presiding Judge: Streitfeld. Jury trial, May and June 2004, four days.
Result: Directed verdict for both parties on main contract claims litigated.
Summary of the facts and legal issues: Plaintiff Heiffer filed suit against her former employer, IDS, for breach of the employment agreement, violation of the Florida Whistleblower Statute, unpaid salaries and wages, intentional infliction of emotional distress. IDS counter-sued for breach of the employment agreement under several sections, civil theft of a computer and theft of trade secrets.
Heiffer dropped the first substantive part of her whistleblower claim in the discovery phase, and then on the day of trial, voluntarily dismissed the remainder of the claim. IDS prevailed and was awarded attorneys fees and costs by the court. IDS was further awarded attorneys fees and costs on the Breach of Contract claim filed by Heiffer after prevailing on directed verdict, and on Heiffer’s claims for unpaid salaries, wages and bonuses under Florida statutes and the employment agreement.
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 (pdf) on behalf of Czopek, Knott and Eastlick, U.S. District Court, Middle District of Florida: Notice of Electronic Filing. The following transaction was entered and filed on 8/7/2015
Case Name: Czopek et al v. TBC Retail Group, Inc.
Case Number: 8:14-cv-00675-CEH-TBM
Document Number: 138
ORDER granting in part and denying in part  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)
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.
View the filed complaint (pdf).
$2.9 Million Collective Action Settlement
The Federal District Court approves $2.9 million collective action settlement for store leaders and store managers in identified classes.
View the order (pdf).
FLSA action against Burger King
Feldman Law Group obtains class certification in FLSA action against Burger King for all present and former coaches and trainees.
View the Burger King order (pdf).
Blue Bell Ice Cream injury investigation by Feldman Law Group
See details on the Blue Bell Ice Cream injury investigation by Feldman Law Group.
Lowe’s FLSA Collective Action
This collective action case (pdf) that took place in New York District Court.
ARS National Services FLSA Collective Overtime Wage Case
Learn more about the ARS National Services FLSA collective overtime wage case (pdf).
Burger King Misclassification Case
Defendant 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 Burger King 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.
Nextraq Class Action Lawsuit
Discrete Wireless Inc., and Fleetcor Technologies, Inc. D/B/A Nextraq. Brown and Gillard v. Discrete Wireless Inc. and Fleetcor Technologies, d/b/a NEXTRAQ, United States District Court, Middle District of Florida. FLSA Collective Class Case for Inside Sales Representatives (Account Reps) for Overtime Wages.
Learn more about the Nextraq class action lawsuit.
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, 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.
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.
Learn more about the Tire Kingdom class action lawsuit.
Lowe’s HR 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.
Learn more about how HR managers at Lowe’s won conditional class certification in an overtime lawsuit.
FLSA Class Overtime Case
FLSA class overtime case on behalf of trainees and coaches seeking overtime wages.
View the certification of collective classes (pdf) for Torres-Roman et al. v. Burger King Corp.
Failure to Pay Overtime to Inside Sales Representatives
An inside sales rep frequently worked beyond 4o 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.
View the Fleetcor 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 Williams, PLLC 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.