Case Information
Below are several of Martin & Martin, LLP's collective & class actions. For more information please contact us today.
- 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)
- Perez v. Atlanta Check Cashers, et al. (Identity Fraud/Invasions of Privacy/RICO Class Action)
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.
Perez v. Atlanta Check Cashers, Inc.; ACC John Does 1-15; SuperAuto Insurance Agency, Inc.; SAIA John Does 1-15; Spare Time, Inc.; Spare Time John Does 1-15; and H. David Emmett
Click here to see a .pdf version of complaint
On February 13, 2008, the class action lawyers at Martin & Martin, LLP filed a class action lawsuit for identity fraud, conspiracy to commit identity fraud, and invasion of privacy in the Superior Court of Gwinnett County, Georgia.
Plaintiffs are current and former customer service representatives at Atlanta Check Cashers, Inc. ("ACC") who allege that ACC and through its association with Super Auto Insurance Agency ("SAIA"), Spare Time, Inc., and H. David Emmett committed identity fraud, conspiracy to commit identity fraud, and invasion of privacy when they fraudulently filed applications for insurance licenses on behalf such individuals without the permission or knowledge of such individuals. Plaintiffs allege that Defendants fraudulently filed the applications so that the companies met Georgia insurance regulations licensing requirements. Plaintiffs seek three times general damages, punitive damages, attorneys' fees, as well as damages equal to the value of Defendants' use of Plaintiffs' names during the period of appropriation.
Do you want more information about this case? Fill out an Intake Form.
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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