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Employment Violations

Southwest Airlines Jet in Flight

The complaint for this class action claims that Southwest Airlines has violated Illinois laws by taking and storing the fingerprints of its employees. Fingerprints are a biometric identifier, and the complaint claims that Southwest has not complied with Illinois’s Biometric Privacy Act (BIPA), which regulates the collection, use, and retention of biometric information.

Truck with Knight Logo

Plaintiff Ronnie Stevenson works for Knight Transportation, Inc. as a truck driver. Knight insists he’s not an “employee” but an “independent contractor,” yet the complaint for this class action alleges that the only difference between Knight’s “employee” truck drivers and its “independent contractor” truck drivers is that the employees receive benefits and the others do not. While there are no hard-and-fast definitions of employees versus independent contractors, the criteria used to judge classification have to do mostly with independence, choice, and control, and the complaint presents evidence that Knight does not allow drivers independence, choice, or control in any significant aspects of their work.

Petco Logo

Petco is paying nearly $8 million to settle a number of related class actions alleging that it did not pay overtime to assistant managers (AMs) who worked more than forty hours per week. The suit involves assistant manager who worked at Petco Animal Supplies, Inc., Petco Holdings, Inc., Petco Holdings, Inc.

Array of Texas Roadhouse Food

Texas Roadhouse has agreed to a settlement of $12 million in a class action suit of alleged age discrimination. The Equal Employment Opportunity Commission alleges that Texas Roadhouse violated the Age Discrimination Employment Act by refusing to hire applicants who were 40 years old or older for front-of-house positions at its restaurants. 

Brokerprice Logo, Inc., First Valuation, LLC, First Valuation Services, LLC, First Valuation Technology, LLC, Cartel Asset Management, LLC, Walter Coats, and ValuTech, Inc. have agreed to a settlement allotting over a million dollars to pay brokers who completed broker price opinions on their behalf but were not paid in accordance with their agreements.

Hamilton Township Municipal Building

The Hamilton Board of Education is making available $17 million to settle a lawsuit alleging that it breached its obligations to retirees, and in some cases to their dependents.

Rite Aid Store

Rite Aid Corporation has agreed to settle a class action alleging that it violated the federal Fair Labor Standards Act (FLSA) and New York state law by not paying overtime to salaried store managers who worked more than forty hours in a week. 

Prudential Building

Prudential Financial, Inc. has agreed to settle a class action alleging that it violated the Fair Labor Standards Act (FLSA) in two ways. First, the complaint alleges that the company did not pay its agents overtime as required.

New American Airlines Logo

USERRA forbids “discrimination against persons because of their service in the uniformed services.” Among other things, it says that such a person “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, … performance of service, … or obligation.” A “benefit” can mean “any advantage, profit, privilege, gain, status, account, or interest … that accrues” through a contract or employer policy, including rights and benefit under “a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.” However, the complaint claims that American Airlines denied plaintiff John E. Hoefert sick day and vacation day accrual and bonus payments while he was on military leave, even though employees who were on other kinds of leaves were permitted to have them.

XPO Truck

Are you a truck driver for XPO Logistics who is classified as an independent contractor, when you’re actually an employee?