Cases & Investigations

Investigations

Tipped Employees

The Columbus Ohio Overtime Attorneys at Barkan Meizlish, LLP have extensive experience representing tipped employees and continue to investigate wage and hour violations in restaurants, bars, hotels, and other parts of the service industry in which employees receive tips.

Wage and hour violations often arise in this industry because employers fail to abide by the “tip-credit” requirements of the Fair Labor Standards Act (“FLSA”), which allow employers to pay less than minimum wage to tipped employees only under very specific conditions.

“Tipped employees” are those who customarily and regularly receive more than $30 per month in tips. Under the FLSA, employers can pay tipped employees at an hourly rate rate less than the federal minimum wage by crediting a portion of the employee’s tips received toward the required minimum wage. In order to do so, however, the employer must 1) inform the employee that it will be taking a tip credit and 2) may not take or retain any portion of the employee’s tips. 29 U.S.C. § 203(m).  If an employer fails to comply with these requirements, it cannot apply a tip credit towards the employees’ wages, and must instead pay the tipped employee at least the full applicable minimum wage and allow the tipped employee to keep all tips received.

Common wage and hour issues surrounding pay and tips can include:

  • Illegal Tip Pools. Under the FLSA, employers may require tipped employees to contribute a portion of their tips to a general pool to be shared with non-tipped employees. A valid tip pool, however, may not include employees who do not “customarily and regularly” receive tips. Nor will the tip pool be valid if management employees are participants. Employers must notify employees of any required tip pooling arrangements.
  • Unpaid side work. If a tipped employee spends more than 20% of their time performing general side work, an employer may not take a tip credit for that time. Instead, the tipped employee must be compensated at the federal or state-established minimum wage, rather than the “tip credit” minimum wage.
  • Overtime violations. Tipped employees are still entitled to receive overtime pay for all hours worked over 40 in a workweek. Employers can violate this provision by paying employees “straight time” wages, rather than 1.5 times their regular rate of pay, for overtime hours exceeding 40 per workweek. Other violations include failing to include all components of the tipped employee’s wages when calculating the regular rate for overtime compensation.
  • Illegal deductions. In addition, employers often make deductions from employees’ wages in a manner that reduces their wages below the FLSA minimum wage, including deductions for breaks, uniforms, cash register shortages, and customer walk-outs.

If you think you have been the victim of wage theft or would like answers to questions about how you are paid at work, please call the Columbus Ohio Overtime Attorneys at 800-274-5297 or click here. The consolation is free and confidential. The Columbus Ohio Overtime Attorneys at Barkan Meizlish, LLP have been helping working families with legal services for over 50 years and they are here to help you.

Call Center Employees

The Columbus Ohio Overtime Attorneys at Barkan Meizlish, LLP have extensive experience representing call center workers and continue to investigate these types of cases. Telephone customer service is a critical part of many businesses and we have seen the growth of both in-house call centers and companies that provide the call center service to other businesses. The employees affected have job titles such as agent, associate, representative, advisor, and specialist, and responsibilities that include customer care, client services, and technical support, call center personnel handle a variety of inbound and outbound telephone duties. To cut costs, many in-house call centers and call center companies now employ telephone agents and representatives who work from home. Whether you are a telephone agent employed at a call centers or in work-at-home positions you are entitled to be paid for all of the hours you worked and must be paid 150% of their regular hourly rate for all hours worked over 40 in a workweek.

The common wage violations in the call center industry include:

  • Making telephone agents and representatives work through meal and rest breaks without pay;
  • Not paying telephone agents and representatives for time spent logging into & out of their computer systems before or after shifts;
  • Not paying telephone agents and representatives for the time spent downloading their daily work instructions or uploading their daily work reports; and/or,
  • Not paying telephone agents and representatives for the time spent preparing and completing required paperwork or reading emails before or after shifts.

If you think you have been the victim of wage theft or would like answers to questions about how you are paid at work, please call the Columbus Ohio Overtime Attorneys at 800-274-5297 or click here. The consolation is free and confidential. The Columbus Ohio Overtime Attorneys at Barkan Meizlish, LLP have been helping working families with legal services for over 50 years and they are here to help you.

Active Cases

Huntington Bank – ERISA Violations

On September 25, 2018, Barkan Meizlish, LLP filed a Class Action Complaint against Telelink, LLC, a call center facility headquartered in Warren, Ohio.

The lawsuit is brought on behalf of current and former Huntington employees enrolled in the company’s Investment and Tax Savings Plan. The Plaintiffs allege
that Huntington breached its fiduciary duties and engaged in prohibited transactions by applying a preference for Huntington products and services
within the Plan, despite excessive costs compared to available options favored by similarly sized plans. The company also used its Plan to sustain its failing mutual
fund business and leverage the Plan to its advantage in the consolidation and eventual sale of the funds, the suit alleges.

The Plaintiffs contend that Huntington’s actions violated the Employee Retirement Income Security Act of 1974 (ERISA), and thus seek to recover losses to the Plan caused by Huntington’s violations, profits earned by
Huntington as a result of the prohibited transactions, and other appropriate relief.

Telelink, LLC – Overtime Lawsuit

On September 25, 2018, Barkan Meizlish, LLP filed a Class Action Complaint against Telelink, LLC, a call center facility headquartered in Warren, Ohio.

The lawsuit is brought on behalf of current and former Telelink employees who worked as Sales Representatives. The Complaint covers those SalesRepresentatives who were not properly compensated for all of their overtime hours worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) and the Ohio Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 40 in a workweek.

According to the Complaint, Telelink failed to include non-discretionary bonus payments when calculating the regular rate of pay for purposes of overtime compensation and Telelink required employees to perform unpaid “off the clock” work. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked.

Vocational Guidance Services – Minimum Wage Lawsuit

Barkan Meizlish, LLP filed a Complaint against Vocational Guidance Services and The PNC Financial Services Group, Inc., to recover unpaid minimum wages.
The Plaintiff alleges in her complaint that she was employed by Defendants to perform clerical work, but has not been compensated for a significant portion of
her employment.

The Plaintiff worked as a retail clerk for Defendants when Defendants began compensating Plaintiff for only two-and-a-half hours (2.5) of work a day on the
days she was assigned to work, instead of the four-and-a-half hours she had routinely worked per working day and had routinely been compensated for.
Therefore, Plaintiff filed a Complaint under the Fair Labor Standards Act (“FLSA”) and Article II, Section 34a of the Ohio Constitution, alleging that
Defendants jointly began to refuse to compensate and have since failed to compensate Plaintiff for two hours of her working time, because they alleged that such time was “training” and could not be regarded as compensable work.

CWI, Inc. – Overtime Lawsuit

On August 2, 2018, Barkan Meizlish, LLP and Anderson Alexander, LLP, filed a Class Action Complaint against CWI, Inc., a corporation that sells RVs, campers,
and related accessories across the United States.

The lawsuit is brought on behalf of current and former CWI employees who worked as Sales Representatives. The Complaint covers those Sales Representatives who
were not properly compensated for all of their overtime hours worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) and the Ohio
Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times
their regular rate of pay for all hours worked in excess of 40 in a workweek.

According to the Complaint, Telelink failed to include non-discretionary bonus payments when calculating the regular rate of pay for purposes of overtime compensation and Telelink required employees to perform unpaid “off the clock” work. As a result, the suit alleges, the Plaintiff and other similarly situated
individuals were not properly paid for all of their overtime hours worked.

Toyota Motor Manf. Of Kentucky – Overtime Lawsuit

On September 21, 2018, Barkan Meizlish, LLP and JTB Law Group, LLC, filed a Class Action Complaint against Toyota Motor Manufacturing, Kentucky, Inc. (“Toyota”), a vehicle manufacturing plant that operates in Georgetown, Kentucky.

The lawsuit is brought on behalf of current and former Toyota employees who worked as Production Team Members. The Complaint covers those Production Team Members who were not properly compensated for all of their overtime hours worked in violation the Fair Labor
Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) and Kentucky’s Wages and Hours Act, Ky. Rev. Stat. Ann. §§ 337.010, et seq. (“Kentucky Wage Act”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours
worked in excess of 40 in a workweek.

According to the Complaint, Toyota failed to pay Plaintiff and other Production Team Members for pre-shift time spent attending mandatory meetings, Toyota imposed automatic time deductions for meal breaks, and Toyota failed to include non-discretionary bonus payments when calculating the regular rate of pay for purposes of overtime compensation. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked.

Krieger-Beard Services, LLC – Overtime Lawsuit

On January 8, 2018, Barkan Meizlish, LLP, Lichten & Liss-Riordan, P.C., and Berger & Montague, P.C., filed a Class and Collective Action Complaint against Krieger Beard Services, LLC (“KBS”), a company that provides satellite television installation services for AT&T and
DirecTV.

The lawsuit is brought on behalf of current and former telecommunications installation technicians who performed satellite television installation services for KBS. The Complaint covers those technicians who were not properly compensated for all of their overtime hours
worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) Illinois and Indiana law. Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 40 in a workweek.

According to the Complaint, KBS misclassified the installation technicians as independent contractors as opposed to employees of KBS. Because of the misclassification, the installation technicians were denied protections of the FLSA and Illinois and Indiana law. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked and were subject to a host of improper deductions.

Convergys Corporation – Overtime Lawsuit

Barkan Meizlish, LLP and Anderson Alexander, PLLC, filed a Class and Collective Action Complaint against Convergys Corporation (“Convergys”), a corporation that operates call centers, to recover unpaid overtime
compensation. The Plaintiff and the Putative Class Members allege in the Complaint that they were employed by Convergys, but have not been
compensated for a significant portion of their overtime hours worked.

The Plaintiff and the Putative Class Members worked as call-center employees for Convergys at any time in the past three years. The Plaintiff and the Putative Class Members allege that Convergys has enforced uniformed
company-wide corporate policies wherein it improperly required its non-exempt hourly employees to perform work off-the-clock and without pay and has also impermissibly required Plaintiff and the Putative Class Members to clock out for breaks lasting twenty minutes or less. As a result, the suit alleges, the Plaintiff and the Putative Class Members were not properly paid for all of their overtime hours worked in violation of state and federal law.

Universal Transportation Services – Overtime Lawsuit

On March 6, 2018, Barkan Meizlish, LLP and Winebrake & Santillo, LLC, filed a Class and Collective Action Complaint against Universal Transportation Systems LLC and Quality Transportation Services LLC (“Defendants”), to recover unpaid overtime compensation. Defendants have jointly employed hundreds of individuals as drivers, including Plaintiff, who are paid on an hourly basis and whose primary duty is transporting Defendants’ customers from location to location throughout Ohio.

The lawsuit is brought on behalf of current and former employees who worked as drivers. The Complaint covers those drivers who were not properly compensated for all of their overtime hours worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”), the Ohio Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”), and the
Ohio Prompt Pay Act, O.R.C. § 4113.15 (“OPPA”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 40 in a workweek.

The Plaintiff and other drivers allege that drivers typically pick up multiple customers in a day and are paid for the time they spend transporting the individual customer from location to location. According to the Complaint, Defendants failed to pay Plaintiff and other drivers for all the time elapsed between customer visits. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked.

Maxim—Colorado – Overtime Lawsuit

Barkan Meizlish, LLP, Sommers Schwartz, P.C., and Johnson Becker, PLLC, filed a Class Action Complaint against Maxim Healthcare Services, Inc. (“Maxim”), a for-profit healthcare services company that provides its customers with in-home personal care and management, to recover unpaid overtime compensation. The Plaintiff and those similarly situated allege that they were
employed by Maxim as hourly home health care workers, but have not been compensated for a significant portion of their overtime hours worked.

According to the Complaint, Maxim misclassified the home health care workers as being exempt from overtime protection, in violation of federal and state law.
As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked and were subject to
a host of improper deductions.

Quinn Medical – Settled TCPA Lawsuit

The law firms of Barkan Meizlish, LLP and Anderson & Wanca secured a class action settlement of $619,000.00 for violations of the Telephone Consumer
Protection Act of 1991, amended by the Junk Fax Prevention Act of 2005 (“TCPA”), by Quinn Medical, Inc. and Thuasne North America, Inc. (“Defendants”). Defendants develop non-invasive orthopedic products and programs designed to prevent injury and relieve pain. Quinn Medical, Inc. is located in San Clemente, California and Thuasne North America, Inc. is located
in Bainbridge Island, Washington.

The plaintiff, Progressive Health and Rehab Corporation (“Progressive”), alleged that Defendants violated the TCPA by sending Progressive facsimile transmissions of unsolicited advertisements. According to the Complaint, the Defendants received revenues from sales of the products and services in the advertisements. Progressive further alleged that the unsolicited faxes were sent
without the required opt-out language under the TCPA to at least 40 other recipients.

Advanced Oilfield Services, LLC – Overtime Lawsuit

On June 21, 2017, the law firms of Barkan Meizlish, LLP and Anderson2X, PLLC filed a collective action lawsuit against Advanced Oilfield Services, LLC
(“Advanced Oilfield”). Advanced Oilfield is an energy services company providing completion and production related services to Oil & Gas companies throughout the
United States.

The Plaintiff worked as an employee of Advanced Oilfield as a Rig Welder. During the course of his employment, the Plaintiff’s job duties included assisting with the preparation of equipment and performing other oilfield related functions on various job sites, including sites in Ohio, Pennsylvania, Texas, and throughout the United States. According to the complaint, the Plaintiff regularly worked over 40 hours per week, yet Advanced Oilfield failed to pay him overtime compensation for all hours worked over 40 in a workweek. The Plaintiff seeks to recover unpaid overtime compensation and liquidated damages under the federal Fair Labor Standards Act
and relevant Ohio and Pennsylvania state laws.

As of October 2018, the proposed class of individuals has been conditionally certified. You can find the Notice by clicking here.

Confidential Settlement Alleging Failure to Pay Overtime

On April 2, 2018, Barkan Meizlish, LLP secured a confidential settlement for a railroad track construction and maintenance corporation’s failure to pay employees for their travel time. According to the allegations, the corporation required the Plaintiffs to work between 40-70 hours per workweek, including traveling inside and outside of the state. The Plaintiffs claimed that unpaid work hours and unpaid overtime compensation resulted from these alleged violations, violating FLSA and respective Ohio state wage laws.

Confidential Settlement Alleging Failure to Pay Overtime

On July 17 2018, the law firms of Barkan Meizlish, LLP and Coffman Legal, LLC secured a confidential settlement for an Information Security Specialist who did not receive overtime compensation for all hours worked over 40 in a workweek.

During the course of his employment, the Plaintiff’s job duties included traveling around the country to assist federal employees on security issues and other
classified matters. The Plaintiff was responsible for collecting data, reading procedures, and observing facilities. The Plaintiff claimed that he was misclassified, resulting in unpaid work hours and unpaid overtime compensation.

American Shipping and Packaging, Inc. – Settled Overtime Lawsuit

On September 14, 2018, Barkan Meizlish, LLP secured a $10,000.00 settlement on behalf of a driver employed by American Shipping & Packaging, Inc. (“A.S.A.P.”) and its owner, Maliek D. Carthorn. A.S.A.P. is an Akron-based business providing various delivery and moving services to the northern Ohio area.

The plaintiff worked as an hourly employee out of A.S.A.P.’s Toledo office location for approximately 2 years. During her tenure of employment, the plaintiff’s job duties included transporting pathology specimens and other various deliveries to hospitals and laboratories throughout northern Ohio. According to the complaint, the plaintiff regularly worked at least 45 to 50 hoursper week, yet A.S.A.P. failed to pay her overtime for all hours worked over 40 in a workweek. The lawsuit further alleged that A.S.A.P. did not fully compensate plaintiff for all of the hours she worked during “on-call” shifts.

Upreach, LLC – Overtime Lawsuit

On March 15, 2017, Barkan Meizlish, LLP filed a collective action lawsuit against Upreach LLC, a home care staffing agency of direct care workers for the
developmentally disabled. Upreach is based in Columbus, Ohio.

The named plaintiff worked for Upreach as a “Support Specialist” providing companionship services, domestic services, home care, and other in-home services to developmentally disabled individuals. The plaintiff alleges that Upreach violated the federal Fair Labor Standards Act and Ohio wage laws by failing to pay overtime at a rate of one and one-half times her regular rate of pay for all hours worked over 40 per workweek.

It is estimated that approximately 250 other similarly situated current or former employees working as support professionals, support associates, caregivers, and home health aides may also have unpaid overtime claims against Upreach.

Chesapeake Energy Corporation, Inc. – Independent Contractor Litigation

On November 1, 2017, the law firms of Barkan Meizlish LLP, Bruckner Burch PLLC, and the Josephson Dunlap Law Firm filed a First Amended Class and Collective
Action Complaint on behalf of current and former consultants seeking unpaid wages against Chesapeake Operating, Inc. and Chesapeake Operating, LLC (“Chesapeake”).

Chesapeake is an Oklahoma-incorporated petroleum and natural gas company that focuses its business on discovering and developing large resource bases of
unconventional onshore assets in the United States. The company hires “consultants” to perform work on various oil and gas sites.

The lawsuit alleges that Chesapeake knowingly and willingly misclassified its consultants as independent contractors instead of employees. The lawsuit further
alleges that Chesapeake paid these individuals a flat sum for each day on the job, regardless of the number of hours actually worked that day, and failed to provide them with overtime pay for hours worked in excess of 40 in one week. As a result, the suitalleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked and were subject to a host of improper deductions.

Cincinnati Bell – Overtime Lawsuit

On February 23, 2018, the law firms of Barkan Meizlish, LLP and Mangano Law Offices Co., LPA filed a Collective and Class Action Complaint against Cincinnati Bell, Inc. (“Cincinnati Bell”), a company that provides telephone, data, high-speed internet,
and other communication solutions to residential and business customers throughout Ohio, Kentucky, and Indiana.

The lawsuit is brought on behalf of current and former outbound sales representatives of Cincinnati Bell who were not properly compensated for all of their overtime hours worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) and the Ohio Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5
times their regular rate of pay for all hours worked in excess of 40 in a workweek. Commission payments must be included in the regular rate for purposes of calculating overtime, regardless of whether the commission is computed daily, weekly, monthly, or
at some other interval. According to the Complaint, Cincinnati Bell failed to include monthly commission
payments when calculating the regular rate of pay for its outbound sales representatives. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked.

Firstsource Solutions – Overtime Lawsuit

On October 4, 2017, the law firms of Barkan Meizlish, LLP and JTB Law Group, LLC filed a collective action lawsuit against Firstsource Solutions USA, LLC (“Firstsource”). Firstsource is a company that provides eligibility, enrollment, and other recovery services that help hospitals and health systems maximize reimbursement and increase cash flow.

The Plaintiff and those similarly situated worked as employees of Firstsource as Patient Service Representatives, Floaters/Trainers, and Team Leads. During the course of their employment, Firstsource required Plaintiff and those similarly situated to perform a volume of work assignments that could not be completed with the 8-hour daily work schedule or the 40-hour weekly work schedule. Plaintiff and those similarly situated were repeatedly reprimanded for not completing their work in a workday, but were
prohibited from reporting or clocking in more than 40 hours of work per week. According to the Complaint, the Plaintiff and those similarly situated regularly worked over 40 hours per week, yet Firstsource failed to pay them overtime compensation for all hours worked over 40 in a workweek. The Plaintiff and those similarly situated seeks to recover unpaid overtime compensation and liquidated damages under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et. seq. and attendant regulations at 29 C.F.R. § 516, et. seq.

Menard, Inc. – Overtime Lawsuit

On January 31, 2018, the law firms of Barkan Meizlish, LLP and Anderson2X, PLLC filed a nationwide Class and Collective Action Complaint against Menard, Inc.
(“Menards”), the Wisconsin-based operator of the roughly 300 Menards retail stores across 14 Midwestern states.

The lawsuit contends that Menards maintained several unlawful company-wide policies in violation of the federal Fair Labor Standards Act (“FLSA”) and numerous state wage laws. Specifically, the lawsuit alleges that Menards maintained a company-wide policy
of requiring employees to clock out for restroom breaks and certain store meetings during their shifts. It also alleges that Menards required employees to complete job-related training exercises at home, but failed to compensate them for performing the work.

Unpaid work hours and unpaid overtime compensation resulted from these alleged violations. The Named Plaintiffs in this lawsuit are 160 current and former hourly Menards employees from 13 different states. The Named Plaintiffs seek to recover all unpaid compensation, overtime, and other damages owed to them under the FLSA and respective state wage laws.

MBF Inspection Services, Inc. – Overtime Lawsuit

On October 30, 2015, the law firms of Barkan Meizlish, LLP and Nichols Kaster, PLLP filed a Collective and Class Action Complaint on behalf of current and former hourly employees seeking unpaid wages against MBF Inspection Services, Inc. (“MBF”). MBF is a company that provides inspection personnel to the oil and gas companies working on projects across the United States.

The lawsuit contends that MBF Inspection Services, Inc. violated the Fair Labor Standards Act (“FLSA”) and the Ohio Minimum Fair Wage Standards Act by failing to pay proper overtime wages to Plaintiff and its other day-rate inspection personnel. Specifically, the Complaint alleges that MBF paid Plaintiff and those similarly situated a “day rate” with no overtime pay for hours worked over 40 in a workweek. The Plaintiff and those similarly situated are seeking damages in the United States District Court for the Southern District of Ohio, Eastern Division, for MBF’s alleged violations of the FLSA and Ohio Statutes.

Producers Service Corporation – Overtime Lawsuit

On December 14, 2017, the law firms of Barkan Meizlish, LLP and Sanford Law Firm, PLLC filed a Collective and Class Action Complaint against Producers Service Corporation (“Producers”), an Ohio-based company in the oil and natural gas industry.

The lawsuit is brought on behalf of current or former oilfield equipment operators of Producers, whose job duties included assisting those working at oil well sites in pumping and fracking oil wells. The Complaint alleges that Producers knowingly misclassified the Plaintiff and other similarly situated individuals as exempt from receiving overtime pay under the Fair Labor Standards Act (“FLSA”). Specifically, the lawsuit alleges that Producers did not pay the Plaintiff overtime
compensation until after he worked over 60 hours in one workweek, rather than 40 hours worked in one week as required by the FLSA. The Plaintiff seeks damages in the United States District Court for the Southern District of Ohio, Eastern Division for Producers’ alleged violations of the FLSA, Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay Act.

DBC Food, LLC #2 – Minimum & Overtime Wages Lawsuit

On July 23, 2018, Barkan Meizlish, LLP and the Kentucky Equal Justice Center filed their First Amended Complaint against DBC Food, LLC #2, d/b/a Mango’s Mexican Restaurant, Cesar Toro, and Benigno Estrada (collectively, “Defendants”), owners of a restaurant located in Louisville, Kentucky.

The lawsuit is brought on behalf of two former employees of the Defendants, one who worked as a server and one who worked as a cook. The Plaintiffs allege that Defendants have violated 29 U.S.C. § 203(m) of the Fair Labor Standards Act (“FLSA”), which only allows employers to pay less than minimum wage to
employees who receive tips under very specific conditions. Additionally, Plaintiffs seek to recover for minimum wages Defendants owe to them, illegally
requiring employees to remit portions of their tips to management, failing to maintain accurate employment records, and failing to timely pay Plaintiffs in violation of Kentucky Wage and Hour laws.

Flagstar Bancorp, Inc. – Minimum & Overtime Wages Lawsuit

On September 27, 2018, Barkan Meizlish, LLP filed a Collective Action Complaint against Flagstar Bancorp, Inc., and Flagstar Bank FSB, Inc. (“Defendants”), to
recover unpaid minimum wages and/or unpaid overtime wages. Defendants hold themselves out as offering full-service banking and lending and as being the third
largest savings bank in the country.

The Plaintiff, who was working as a Senior Loan Officer at Defendants’ Ohio Loan Center in Columbus, Ohio, alleges that Defendants had a company-wide policy and
practice of automatically deducting 30 minutes per day from each paycheck for lunch breaks, even though Plaintiff and those similarly situated regularly worked
through such breaks or took no break at all. The Plaintiff further alleges that Defendants had a company-wide policy and practice of permitting Plaintiff and those similarly situated to work more than 40 hours in a workweek, but Defendants did not compensate Plaintiff and those similarly situated for those overtime hours
worked, in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”), the Ohio Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”), and the Ohio Prompt Pay Act, O.R.C. § 4113.15 (“OPPA”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5
times their regular rate of pay for all hours worked in excess of 40 in a workweek.

Fuyao Glass America, Inc. –Unpaid Wages Lawsuit

On June 2, 2017, Barkan Meizlish, LLP and Mangano Law Offices Co., L.P.A., filed a Collective and Class Action Complaint against Fuyao Glass America, Inc. (“Fuyao”), to recover unpaid wages. Fuyao is a subsidiary of Fuyao Glass Industry Group, Ltd.—a multinational company that specializes in the manufacture of automobile safety glass and industrial technical glass.

The lawsuit alleges that Fuyao production workers were not paid for pre-and post-shift work, and that the company illegally took automatic meal deductions when production workers did not take all or part of their meal break. It also alleges that Fuyao incorrectly applied the rounding rules to production workers, and that some workers were in paid in gift cards, rather than actual wages.

These policies, the Plaintiff and those similarly situated, allege violated the Fair Labor Standards Act (“FLSA”), which requires employers to pay all hourly non-exempt employees overtime at a rate of one and one-half times their regular pay for all hours over 40 worked in one week. The FLSA also forbids employers from making unlawful meal break deductions or purposely calculating paid time using methods that illegally save the employer money.

As of February 2018, the proposed class of individuals has been conditionally certified. The class includes all current and former hourly, non-exempt production employees who worked at Fuyao’s facility in Moraine, Ohio during the previous three years and worked at least 40 hours in any one week.The Class Certification Order also granted permission to certify a class of all hourly, non-exempt employees at the Moraine facility that were paid by Fuyao in the form of a gift card, rather than wages.

Advanced Oilfield Services, LLC – Overtime Lawsuit

On June 21, 2017, the law firms of Barkan Meizlish, LLP and Anderson2X, PLLC filed a collective action lawsuit against Advanced Oilfield Services, LLC (“Advanced Oilfield”). Advanced Oilfield is an energy services company providing completion and production related services to Oil & Gas companies throughout the United States.

The Plaintiff worked as an employee of Advanced Oilfield as a Rig Welder. During the course of his employment, the Plaintiff’s job duties included assisting
with the preparation of equipment and performing other oilfield related functions on various job sites, including sites in Ohio, Pennsylvania, Texas, and throughout
the United States. According to the complaint, the Plaintiff regularly worked over 40 hours per week, yet Advanced Oilfield failed to pay him overtime compensation for all hours worked over 40 in a workweek. The Plaintiff seeks to recover unpaid overtime compensation and liquidated damages under the federal Fair Labor Standards Act and relevant Ohio and Pennsylvania state laws.

As of October 2018, the proposed class of individuals has been conditionally certified. You can find the Notice by clicking here.

Schmitz v. University of Notre Dame

On Wednesday, April 11th, the Ohio Supreme Court heard oral arguments in Schmitz et al., v. National Collegiate Athletic Association et al., a case about a former football player for the University of Notre Dame who was diagnosed with chronic traumatic encephalopathy (CTE).  Mr. Schmitz’ head injuries occurred in the 1970’s when he was playing football for the University, but he was not diagnosed with CTE until he was fifty-seven years old. As a result of his CTE, Mr. Schmitz suffered memory loss, early onset of Alzheimer’s disease, dementia, and other healtproblems.

In October of 2014, the law firms of Barkan Meizlish LLP, Locks Law Firm, and Hausfeld LLP filed the personal injury lawsuit against Notre Dame and the NCAA. The Complaint alleges that Mr. Schmitz was exposed to the risk of latent brain disease when he played football at Notre Dame from 1974 to 1978. Although Mr. Schmitz passed away in 2015, the lawsuit continues with Ms. Schmitz who brings claims on behalf of the estate of her husband and her own claims.

The Ohio Supreme Court will now decide whether Steven and Yvette Schmitz timely initiated their lawsuit in the common pleas court. The Court will also consider whether CTE should be characterized as a “latent disease,” which would be a separate injury or illness from the initial concussion, or a “latent effect” of a disease, which would be the continuation and increased
severity of a brain injury that worsens over time.

For more information on this case, see the Ohio Supreme Court’s summary page here.

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