Settlement Would Resolve Janitors’ Claims for Cell Phone Reimbursement

Piece Rate Workers and Drivers Will Recover in Oakland Pallet Co., Inc. Settlement

On January 30, 2019, Plaintiffs Nelson Gamache and Edward Nofi filed a class action in the United States District Court for the Middle District of Georgia in Albany against John Hogue and Graham Thompson, as well as the Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan.

On January 4, 2019, Plaintiffs in Castro v. ABM filed a motion for preliminary approval of a $5.4 million settlement on behalf of Cleaners employed by ABM in California since October 24, 2010.

On November 28, 2018, Feinberg Jackson Worthman & Wasow LLP and Levy Ratner filed a class action on behalf of Plaintiffs Ynes Gonzalez de Fuente, Mariya Kobryn, and Ivan Kobryn in the United States District Court for the Eastern District of New York against, among others, Preferred Home Care of New York, Edison Home Health Care, and Healthcap Assurance, Inc., under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the New York State Home Care Worker Wage Parity Law (“Wage Parity Law”).

On December 5, 2018, Plaintiff Stephanie Woznicki filed a class action in the United States District Court for the Middle District of Florida in Orlando against Raydon Corporation, as well as Donald K. Ariel, David P. Donovan, the ESOP Committee of the Raydon Corporation Employee Stock Ownership Plan and Lubbock National Bank under the Employee Retirement Income Security Act of 1974 (“ERISA”) on behalf of herself and a class of participants in, and beneficiaries of, the Raydon Corporation Employee Stock Ownership Plan (“the ESOP” or “the Plan”) to restore losses to the Plan.

On November 9, 2018, the United States District Court for the District of Connecticut ruled that Defendant Computer Sciences Corporation in the matter of Strauch v. Computer Sciences Corp., No. 14-956 (D. Ct.), had to pay its misclassified professional and associate professional systems administrators who opted into the case pursuant to the standard time-and-a-half method for calculating unpaid overtime, rather than the half-time “fluctuating workweek” standard sought by CSC. This decision effectively results in these systems administrators being entitled to three times as much as they would have been entitled to under the fluctuating workweek methodology. In addition, the court ruled that systems administrators who opted into the case were entitled to liquidated damages equal to their claims for unpaid overtime under federal law.

Feinberg, Jackson, Worthman & Wasow, alongside co-counsel at Outten & Golden and Lieff, Cabraser, Heimann, & Bernstein, had previously succeeded at a trial on the merits of the misclassification issue in December 2017, with damages to be determined at a later date. Final damages in the case are still left to be resolved in light of the court’s latest order, in particular the appropriate inferences to be made where CSC produced incomplete records.

Press coverage of the November 9 order is here. For more information on the December 2017 CSC trial, click here.

On August 31, 2018, the Court granted final approval to the class action settlement, granted Plaintiffs’ motion for attorneys’ fees, costs and class representative service awards, and entered final judgment. The Court’s August 31 Order and Judgment are available for viewing. See also, Law360 article.

On August 8, 2018, Feinberg, Jackson, Worthman & Wasow LLP, along with co-counsel at Block & Leviton LLP, Cohen Milstein Sellers & Toll PLLC, and Donahoo & Associates PC, filed a class action against Wawa, Inc. and related defendants on behalf of ex-employees of Wawa who were not part of  the class in prior litigation against the Wawa ESOP.