Migliaccio & Rathod LLP has successfully litigated employment-based disputes on behalf of employees who find that their employers have taken advantage of them by violating their rights under the Fair Labor Standards Act (FLSA) and/or state specific laws. We take wage theft violations seriously and commit ourselves to getting hard-earned money back into the pockets of workers when employers are determined to not compensate them fairly and honestly. It’s simple, you work so that you can support your livelihood and, since employers wield power over you with a paycheck, you are entitled to and deserve legal recourse when they abuse this power. Contact us for a free evaluation.
Settlements
Craig v. Rite Aid, Case No. 4:08-CV-2317
United States District Court for the Middle District of Pennsylvania.
Settled for $20,900,000
Migliaccio & Rathod LLP attorneys represented Rite Aid Assistant Managers in a case alleging that Rite Aid had misclassified its Assistant Managers as exempt from federal and state overtime laws. Plaintiffs alleged that their primary duties involved manual labor (unloading boxes, stocking shelves, cashiering, etc.) which are not exempt under federal and state overtime laws.
The case settled for approximately $20,900,000, covering over 1,900 current and former assistant store managers.
In issuing its order approving the settlement, the court stated that the settlement “represents an excellent and optimal settlement award for the Class Members” resulting from “diligent, exhaustive, and well-informed negotiations.”
Snodgrass v. Bob Evans, Case No. 2:12-cv-768
United States District Court for the Southern District of Ohio
Settled for $16,500,000 settlement.
M&R attorneys represented Bob Evans’ Assistant Managers in a case alleging that Bob Evans, a restaurant chain in the Midwest, had misclassified its Assistant Managers as exempt from federal and state overtime laws.
The lawsuit settled for approximately $16,500,000 after a landmark ruling on the application of the so-called “fluctuating workweek” method of payment. The gross recovery per class member was approximately $6,380. In issuing its order approving the settlement, the court took special note of the “competence of class counsel in prosecuting this complex litigation.” For more information, visit our blog here.
Peppler, et al. v. Postmates, Inc., Case No. 2015 CA 006560 (D.C. Sup. Ct.) and Singer, et al. v. Postmates, Inc., Case No. 4:15-cv-01284-JSW (N.D. Cal.).
Superior Court for the District of Columbia
United States District Court for the Northern District of California
Settled for $8,750,000
M&R represented Plaintiffs in a wage-theft action against application-based courier startup company Postmates alleging that the couriers were misclassified as independent contractors. M&R was named class counsel in the settlement agreement.
This case settled for $8,750,000 in relief available to a nationwide class.
Bland v. Calfrac Well Services, Case No. 2:12-cv-01407
United States District Court for the Western District of Pennsylvania
Settled for $6,000,000
M&R attorneys represented oil field workers in a nationwide collective and class action lawsuit against Defendant Calfrac Well Services for its alleged failure to properly pay overtime to its field operators.
The case settled for $6,000,000, which provided a gross recovery per class member of between $250 and approximately $11,500.
Stillman v. Staples, Case No. 2:07-cv-00849 and In Re Staples, Inc., Wage & Hour Employment Practices Litigation, Case No. 2:08-cv-05746-KSH-PS
United States District Court for the District of New Jersey
Settled for $2,500,000
M&R attorneys represented Staples Assistant Managers in Fair Labor Standards Act (“FLSA”) claims for unpaid overtime. M&R served as a member of the trial team where the plaintiffs won a nearly $2.5 million verdict against Staples for unpaid overtime on behalf of 342 sales managers after a six-week jury trial. After the verdict, nearly a dozen wage and hour cases against Staples from across the country were consolidated in a multi-district litigation. M&R served in a central role in the consolidated litigation, which ultimately settled for $42 million.
Corbin v. CFRA, LLC, Case No. 1:15-cv-00405
United States District Court for the Middle District of North Carolina
Settled for $1,725,000
M&R attorneys represented CFRA, LLC (“CFRA”) employees in a collective action for wage theft violations. Plaintiffs alleged that CFRA—which owned and operated 48 IHOP restaurants across several states—failed to properly pay its employees minimum wage for hours worked in a workweek, which is in violation of the FLSA.
M&R achieved a $1,725,000 settlement on behalf of CFRA employees. Impacted employees received (i) a minimum award of $75.00 before taxes; and (ii) a pro rata share of the remaining Gross Settlement Amount based on the total tip credit that was taken on hours for which Settlement Plaintiffs were paid less than $7.25 as servers during the time period covered by the Settlement Agreement.
Tobias Mooneyham and Derek Sleve v. AVI Foodsystems, Inc., Case No. 1:17-cv-103
United States District Court for the Northern District of Ohio
Settled for $1,500,000
M&R attorneys represented employees of AVI Foodsystems (“AVI”), who were Route and CSA Supervisors, in their claims regarding unpaid overtime.
M&R, alongside co-counsel, secured a $1,500,000 settlement allocated proportionally to any impacted Route or CSA Supervisor for AVI in Ohio who was employed from January 13, 2015 to December 7, 2017 and timely submitted a claim form.
Nelson, Et Al. V. Sabre Companies Llc Et Al., Case No.1:15-cv-314
United States District Court for the Northern District of New York
Settled for $1,215,815.12
Field Operators at Sabre Energy filed a class and collective action suit against Sabre Energy in the Northern District of New York. Plaintiffs alleged that for many weeks, Sabre made them work long hours but did not pay them overtime.
M&R, alongside, co-counsel, secured a $1,215,815.12 settlement to be divided among all Plaintiffs.
Fischer et al v. Kmart Corp. et al.,Case No. 3:13-cv-04116
United States District Court for the District of New Jersey.
Settled for $3,800,000
M&R attorneys represented Kmart Assistant Managers for FLSA and parallel state law claims in nationwide litigation and arbitrations related to misclassification of its Assistant Managers as exempt from federal and state overtime laws.
M&R reached a $3,800,000 settlement with Kmart for all impacted Kmart employees.
Rafael A. Morel Then v. Great Arrow Builders LLC, Inc., Case No. 2:20-cv-00800
United States District Court for the Western District of Pennsylvania
Settled for $2,725,000
M&R attorneys, alongside co-counsel, represented current and former Hourly Craft Union Workers of Great Arrow Builders (“GAB”). This lawsuit alleges that Great Arrow Builders violated the FLSA by failing to properly compensate for overtime hours. The allegations stem from violations of “regular rate” statutes based on a guaranteed daily Site Allowance which GAB offered to the Hourly Craft Union Workers.
M&R reached a settlement valued at $2,725,000 on behalf of employees. The Settlement Agreement offered impacted employees direct payment depending on the number of weeks of employment and corresponding overtime left unpaid during their time at GAB.
Walkinshaw et al. v. CommonSpirit Health, Case No. 4:19-cv-3012
United States District Court for the District of Nebraska
Settled for $800,000
M&R attorneys served as co-lead class counsel on behalf of nurses of CommonSpirit Health, formerly known as Catholic Health Initiatives (“CHI”) in Iowa and Nebraska who alleged they were owed unpaid wages for time spent working remotely while “on call.” While on-call, nurses at CHI reported having to respond to at-home calls which occupied their entire attention and barred them from performing other work, performing family obligations and personal pursuits, or even getting a full night’s sleep.
M&R, alongside, co-counsel, secured a settlement fund valued at $800,000 distributed proportionally based on amount owed to each individual, with a minimum of $15 per person.
Sours v. Jac Products, Inc., Case No. 2:22-cv-10532
United States District Court for the Eastern District of Michigan
Settled for $600,000
M&R attorneys, along with co-counsel, filed a class action lawsuit against JAC Products, Inc. (“JAC”) over allegations that JAC failed to pay employees the proper overtime rate because it did not include non-discretionary bonuses in its calculation of the regular rate.
M&R secured a $600,000 settlement on behalf of JAC employees. For more information, visit our blog here.
Collins v. District of Columbia Fire and Emergency Medical Services Department, Case No. 1:21-cv-02941
United States District Court for the District of Columbia
Settled for $320,000
M&R attorneys represented employees of the District of Columbia Fire and Emergency Medical Services Department (“FEMS”) in a collective action suit alleging that the District routinely failed to properly calculate overtime compensation. The claims emerged as a result of extra pay, such as hazard pay, included in employees’ paychecks where subsequent overtime rates were not adjusted according to the increased regular rate of pay.
M&R secured a $320,000 settlement fund for approximately 1,600 current and former FEMS employees.
Osorio v. Rust-oleum Corporation, Inc., Case No. 1:22-cv-02419
United States District Court for the Northern District of Illinois
Settled for $300,000
M&R attorneys, along with co-counsel, filed a collective action lawsuit, Osorio v. Rust-Oleum Corporation, Inc., (“Rust-Oleum”) over allegations that Rust-Oleum failed to pay employees the proper overtime rate. The Plaintiff alleged that Rust-Oluem did not include non-discretional bonuses in its calculation of the regular rate, thereby omitting portions of owed wages.
M&R secured a $300,000 settlement fund for Rust-Oleum employees. For more information, visit our blog here.
Colbert v. Prince Security Services of DC, LLC et al., Case No. 2020-CA-001347-B
Superior Court for the District of Columbia.
Settled for $255,000
M&R attorneys represented the plaintiff and other security guards in a collective action against their employer, Prince Security Services (“Prince Security”), for alleged violation of the District of Columbia’s Wage Payment and Collection Law (“WPCL”) and the Minimum Wage Revision Act (“MWRA”) and the District’s Living Wage Act. For five years, plaintiff worked for Prime Security and alleges the employees, including herself, were never paid the mandated living wage during the tenure of their employment. The class further alleged that the subcontractor employing them denied them sick leave, in contravention of D.C. law.
M&R reached a $255,000 settlement with Prince Security to compensate the collective for the loss of sick time and pay.
Prince v. Brickyard Healthcare, Inc. (Golden Living Centers) Et Al, Case No. 1:22-cv-01753
United States District Court for the Southern District of Indiana
Settled for $215,000
M&R attorneys, along with co-counsel, filed a collective action lawsuit against Brickyard Healthcare, Inc. (“Brickyard”) et al., over allegations that it failed to pay employees proper overtime rate because it did not include shift differentials and various non-discretionary bonuses in calculations of the regular rate.
M&R secured a $215,000 settlement fund for Brickyard employees. Please visit this page for more information.
For information on current Wage Theft cases, visit Our Wage Theft Attorneys in DC.