Month: February 2018
OPINION & ORDER CERTIFYING CLASS IN SCOTT V FAMILY DOLLAR
DOWNLOAD CLASS CERTIFICATION ORDER
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DEADLINES EXTENDED ON ACKER JR. LAWSUIT
A federal judge has agreed to delay filing deadlines on a lawsuit brought against former Alabaster teacher Daniel Acker, Jr. who pleaded guilty in 2012 to sexually abusing girls during his teaching tenure, according to court documents.
The civil lawsuit was filed in 2013 by Jon Goldfarb and L. William Smith on behalf of Kristin Hurt and four other unnamed plaintiffs.
Acker, who currently is in prison, taught at Thompson Elementary School, Creek View Elementary School and TIS, and was a school bus driver during his teaching tenure in Alabaster.
EMPLOYERS PAYING EMPLOYEES WITH PRE-PAID PAYROLL CARD OR DEBIT CARDS- CAUSING HOURLY RATE TO DROP BELOW MINIMUM-WAGE
The Fair Labor Standards Act states “Every employer shall pay to each of his employees… wages at… $7.25 an hour.” 29U.S.C. § 206(a). Pre-paid payroll cards have provided employers a way to save money immediately on payroll fees. However, the employer’s costs have been transferred to the minimum-wage employees in the form of the following fees:
- ATM Cash Withdrawal Fee
- Account-to-Account Transfer Fee
- Monthly Maintenance Fee
- Non-Monetary Transactions at ATM Fee
- Non-Monetary Transactions-Via Toll Free Number Fee
- Lost or Stolen Card Fee
- Stop Payment Fee
- Inactivity Fee
- ATM Transaction Decline Fee
- Check or Additional Statement Mailing Fee
If you are working a job that requires you to receive your payroll wages on a pre-paid card and wish to speak to an attorney, please contact Rocco Calamusa at rcalamusa@wigginschilds.com, and Patrick Pantazis ppantazis@wigginschilds.com.
TESTOSTERONE DRUGS – HEART COMPLICATIONS AND DEATH
Currently Wiggins Childs lawyers represent clients who have been prescribed Testosterone drugs and who have experienced heart attacks, strokes, or other heart complications. Our lawyers are continuing to investigate these cases, including for those whose loved ones have died after taking these Testosterone drugs.
If you have any questions about these types of cases, please contact Dennis Pantazis , Craig Lowell, or D.G. Pantazis, Jr.
REDUCED MINIMUM WAGE, TIP CREDIT, TIP SHARE, & TIP POOLING
“Reduced Minimum Wage” Plus Tips
The FLSA requires that employers pay employees a minimum hourly wage. 29 U.S.C. § 201, et seq. Employers of tipped employeesmay consider tips as part of the tipped employees wages, but employers must pay a direct reduced minimum wage if they claim a tip credit. 29 U.S.C. § 203(m).
Requirements to satisfy the “tip credit” in Section 203(m):
(1) the tip credit must be claimed for qualified tipped employees;
(2) the employees must receive proper notice of Section 203 (m) and
(3) all tips received by the employees must be retained by them. 29 U.S.C. § 203(m).
Tipped Employees vs. Non-Tipped Employees
Only tipped employees can participate in a valid tip pool. 29 U.S.C. § 203 (m).
The FLSA defines a “tipped employee” as “any employee engaged in an occupation in which he customarily and regularly receives more than $ 30 a month in tips.” 29 U.S.C. 203(t).
ASHWORTH V. GENERAL MOTORS, LLC, GM CLASS LAWSUIT FILED: IGNITION SWITCHES (2014 -APRIL)
Ashworth v. General Motors, LLC,
Class Action, Consumer Rights, Lemon Law, Magnuson-Moss Warranty Act, Breach of Contract, Breach of Warranty, Fraudulent Misrepresentation, Fraudulent Concealment, Unjust Enrichment, State Consumer Protection, Unfair Competition Statutes
Currently Representing Plaintiffs in Alabama, Arizona, California, Connecticut, Florida, Georgia, Iowa, Indiana, Illinois, Kansas, Kentucky, Louisana, Maryland, Missouri, Minnesota, Maryland, Michigan, Mississippi, North Carolina, Nevada, New York, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Washington DC
Class members, each of whom purchased or leased one or more of the following vehicles: the 2006-2007 Pontiac Solstice, 2005-2007 Chevrolet Cobalt, the 2005-2007 Pontiac G5, 2003-2007 Saturn Ion, 2006-2007 Chevrolet HHR, 2009-2010 Chevrolet HHR, 2005-2006 Pontiac Pursuit (Canada), 2007 Saturn Sky, 2005-2009 Pontiac G6, 2004-2007 Chevrolet Malibu, 2004-2007 Saturn Aura (“Class Models”) (Learn More. . .)
Class members represented by Greg Wiggins
INVALID TIP SHARING / TIP POOL SETTLEMENT (2014)
Wiggins, Childs, Pantazis and Quinn P.C., sued on behalf of two former servers arguing the servers were owed wages related to a system known as a tip pool operated by the restaurant, which forced them to share tips with employees who didn’t directly interact with customers. The suit argued the tip pool was invalid because it included oyster shuckers and kitchen staff, who didn’t interact with customers on a regular basis. (Learn More . . . )
JONES V. MERCY MEDICAL, A CORPORATION (2012)
Title VII, Sexual Harassment, Same Sex Harassment, Family and Medical Leave Act, and Retaliation
Amicable Resolution for single Plaintiff upon the eve of trial of claims of unlawful sexual harassment (same sex) by the Plaintiff’s supervisor, violations of the Family and Medical Leave Act, and retaliatory discipline and termination in response to the Plaintiff’s opposition to the harassment and retaliation. (Learn More. . . )
Represented by Temple D. Trueblood
PLACE V. PILGRIM’S PRIDE, CORPORATION, ET AL. (2013)
Title VII, Sexual Harassment, Sex Discrimination, Racial Harassment, Retaliation, Negligence, Assault and Battery, Invasion of Privacy, and Outrage
Amicable Resolution for single Plaintiff alleging acts of unlawful sexual harassment and assault and battery by her supervisor and co-workers, acts of racial harassment by co-workers, acts of sex discrimination and retaliation for her opposition to the harassment and discrimination. (Learn More. . . )
Represented by Temple D. Trueblood
KURTTS V. CHIROPRACTIC STRATEGIES GROUP, INC., D/B/A BAYSIDE SPINE AND REHAB (2013)
Title VII, Sexual Harassment and Retaliation
Amicable resolution for single Plaintiff upon the eve of trial of claims of sexual harassment by the Plaintiff’s supervisor and retaliatory termination in reaction to her complaint of harassment. (Learn More. . . )
Represented by Temple D. Trueblood and Henry Brewster.