Case Information
Below are several of Martin & Martin, LLP's collective & class actions. For more information please contact us today.
- Danny Harris, Cedric Daniels, and William Abbott on behalf of themselves and all other similarly situated current and former employees v. Professional Staffing – A.B.T.S., Inc. “Able Body”
- R. Knipple et al. v. Roswell Lambrou, Inc. and Broadway Diner, Inc
- Lee Anne Mark et al. v. Ethan Allen Retail, Inc. (Age Discrimination Class/Collective Action)
- Stephen Patrick v. Antica Posta Ristorante, Inc. et al. (Tip Pool Class/Collective Action)
Danny Harris, Cedric Daniels, and William Abbott on behalf of themselves and all other similarly situated current and former employees v. Professional Staffing – A.B.T.S., Inc. “Able Body”
Click here to see a copy of the Able Body Staffing Complaint.
On April 9, 2009, the class and collective action attorneys at Martin & Martin, LLP filed a “wait time” and “travel time” lawsuit on behalf of their clients Danny Harris, Cedric Daniels, and William Abbott and all other similarly situated current and former employees of Able Body in Georgia alleging pay violations of the Fair Labor Standards Act (“FLSA”). The Complaint alleges that these current and former employees were employed as temporary laborers who worked on a project for more than one day – sometimes called a “repeater” – and were required to arrive at one of Able Body’s offices to wait for a work order prior to going to the client’s work site. The Complaint alleges that these employees were not paid during the time that they were required to wait at the Able Body offices prior to proceeding to the client’s worksite (“wait time”) and that they were not paid for time travelling from the Able Body offices to the client’s worksite (“travel time”).
The workers allege that this failure to pay for wait time and/or travel time violated the FLSA. The lawsuit seeks to recover damages, including the unpaid wages for time spent waiting at the Able Body offices and for time spent travelling from the Able Body offices to the actual worksite and also seeks to recover liquidated damages (also known as “double damages”), and attorneys’ fees and costs on behalf current and former employees of Able Body who were employed as temporary laborers at any time between April 9, 2006 to the present at one of Georgia’s Able Body locations and who, during that time, were a repeater and required to show up at Able Body’s office prior to going to the worksite and were not paid for this “wait time” or “travel time.”
The Court granted a motion filed by the attorneys at Martin & Martin to send out “Notice” to employees to offer them the opportunity to join the case. By the time the notice period closed, approximately 600 current and former employees had joined the case. The attorneys at Martin & Martin are currently litigating this case on behalf of these approximately 600 workers. The Court has not yet made a ruling on liability and Able Body denies all or some of the workers are proper class members, denies the matter should proceed as a class action and denies any liability.
R. Knipple et al. v. Roswell Lambrou, Inc. and Broadway Diner, Inc.
Click here to see a .pdf version of the complaint
On April 28, 2009, the class and collective action attorneys at Martin & Martin, LLP filed a tip pool case on behalf of R. Knipple and all other similarly situated current and former employees of the Broadway Diner (previously the Landmark Diner). The Complaint alleges that the restaurant violated the Fair Labor Standards Act ("FLSA") when it paid its servers $2.00 per hour as opposed to the required $2.13 per hour under Section 203(m) of the FLSA. The Complaint also alleges that the restaurant violated the FLSA because it never informed its employees that it was taking a tip credit against paying minimum wage and because the restaurant retained a portion of the tips that were pooled each shift. The Defendants have not yet responded to the Complaint.
The Plaintiffs seek to send notice to all other former and current employees who were paid less than $2.13 per hour, were never informed that the restaurant was taking a tip credit against paying minimum wage, and/or who were required to participate in the tip pool from which the restaurant retained a portion of the tips. The Plaintiff also seek the difference between $2.00 per hour in what they were paid and minimum wage for each hour they worked for the previous 3 years, liquidated damages also known as "double damages" doubling the amount due to the Plaintiffs, attorneys' fees and costs and other relief.
If you worked for either Defendant and wish to join this lawsuit, contact Martin & Martin today by going to our contact page. If you worked for another restaurant and have questions about how you are being paid, contact Martin & Martin for a free consultation.
Lee Anne Mark et al. v. Ethan Allen Retail, Inc. (Age Discrimination Class/Collective Action)
On October 28, 2008, the collective/class action lawyers at Martin & Martin, LLP along with co-counsel, filed an age discrimination collective/class action against Ethan Allen Retail, Inc. Plaintiffs allege that they were chosen for mass terminations in approximately May and June 2008 on the basis of their age in violation of the ADEA. Plaintiffs seek to represent all other terminated employees over the age of 40 who wish to participate in the case. Ethan Allen denies Plaintiffs' allegations and the case is in the early stages of discovery.
Click here to read a New York Times article regarding Employee Lawsuits & Ethan Allen
Do you want more information about this case? Did you work for this companydefendant and want to learn how to join the case? Do you work for a different employer but want to know whether you are entitled to overtime? Fill out an Intake Form.
All inquires for possible representation are treated as privileged information and will be used only to contact you for that purpose.
Stephen Patrick v. Antica Posta Ristorante, Inc. et al. (Tip Pool Class/Collective Action)
Click here to see a .pdf version of the complaint
On February 17, 2009, the collective/class action attorneys at Martin & Martin, LLP filed a collective action against Antica Posta Ristorante, Inc. and its owner Marco Betti for violations of the Fair Labor Standards Act's ("FLSA") tip pool regulations. The Complaint alleges that the employees were paid less than minimum wage ($2.13 per hour) and required to participate in a "tip pool." It alleges that the restaurant and/or its owner illegally kept money from the tip pool prior to disbursing the money from the tip pool to tipped employees and therefore, violated the FLSA. The Defendants have answered the Plaintiffs' Complaint and denied the allegations.
The Complaint was filed on behalf of all other similarly situated employees who participated in the tip pool from February 2006 through present. The Plaintiffs seek compensation in the form of actual damages equal to the difference between what they were paid ($2.13 per hour) and minimum wage for all hours up to 40 hours in a given workweek. The Plaintiffs also seek compensation in the form of actual damages equal to the difference between what they were paid ($2.13 per hour) and one and one-half times minimum wage for all hours over 40 in a given workweek. The Plaintiffs also seek liquated damages or "double damages" allowed under the FLSA and attorneys' fees and costs.
Do you want more information about this case? Did you work for this company and want to learn how to join the case? Or do you just want more information on Tip Pool Laws? Fill out an Intake Form.
All inquires for possible representation are treated as privileged information and will be used only to contact you for that purpose.
OTHER CASES
Martin & Martin, LLP is currently investigating several overtime matters. If you think you might be owed overtime, please contact us today.
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