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” (see details below)
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- Jackie Cavender v. Target Corporation (employees seek wages for time spent locked in the store at the end of their shift) (Class/Collective Action) (see details below)
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- Lee Anne Mark et al. v. Ethan Allen Retail, Inc. (Age Discrimination Class/Collective Action) (see details below)
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- Michael Holub et al. v. BullFrogz Restaurant & Bar and Robyn Smith (Class/Collective Action) (Tip Pool and overtime cases) (see details below)
--------------------------------------------------------------------------------------------------------------------- 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.
Jackie Cavender v. Target Corporation (employees seek pay for time spent locked in the store at the end of their shift)
On November 13, 2010, Martin & Martin, LLP filed a class/collective action complaint against Target on behalf of their client Jackie Cavender, the Plaintiff, and all other similarly situated current and former employees of Target. The Complaint alleges that Target violated the Fair Labor Standards Act ("FLSA") when it did not pay its employees for time that the employees were locked in the store at the end of their shift.
The Complaint alleges that the Plaintiff, along with other hourly employees, were locked in the store at the close of their shift and prevented from leaving the store until their manager unlocked the doors. The employees were locked in the store at the end of every closing shift for approximately 25 minutes and they were not paid for this time. Martin & Martin alleges that this failure to pay these employees during this "locked in" time violated the FLSA.
The Plaintiff seeks to send notice to all other former and current employees who were not paid for the time they spent locked in the store at the end of their shifts. The Plaintiff seeks compensation for this time locked in the store, liquidated damages which are also known as "double damages" doubling the amount due to the Plaintiffs and the other employees who want to join the case, attorneys' fees and costs, and other relief.
If you work or worked for Targe and wish to join this lawsuit or you have information about this lawsuit, contact the attorneys at Martin & Martin today by going to our contact page. If you worked for another company 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 company defendant 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.
Michael Holub et al v. BullFrogz Restaurant & Bar and Robyn Smith (Overtime and unpaid wages) (Class/Collective Action)
In December 2010 and January 2011, the class and collective action attorneys at Martin & Martin, LLP filed a series of lawsuits against BullFrogz Restaurant & Bar and one of its owner's, Robyn Smith, on behalf of their clients and all other similarly situated current and former employees of BullFrogz Restaurant & Bar for violations of the Fair Labor Standards Act ("FLSA").
The Complaints allege that the servers, bartenders, etc. were not paid any wages for overtime. They allege that the employees were paid $2.13 per hour plus tips for all hours up to 40 hours per week. However, for all hours over 40 each week, they allege that the employees were not paid their $2.13 wage but only collected tips. The Complaints allege that the restaurant and Ms. Smith violated the FLSA by refusing to pay its employees at least time and half in overtime wages for all hours over 40 each week.
One of the Complaints also alleges that during a specific time period, the servers and bartenders were required to participate in an illegal tip pool in violation of the FLSA. This Complaint alleges that the restaurant and/or Ms. Smith illegally required a portion of the tips go to the floor managers in violation of the FLSA's tip pool law which prohibits companies from requiring its tipped employees to give some of their tips to managers.
The Complaints were filed on behalf of all other similarly situated current and former employees (all hourly employees employed at any point between December 2007 and present). The Plaintiffs seek their unpaid wages/overtime. The Plaintiffs also seek liquidated damages or "double damages" allowed under the FLSA and attorneys' fees and costs.
To join this case, current and former employees should contact the attorneys at Martin & Martin, LLP.
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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