Wage Lawsuits

Migliaccio & Rathod LLP has successfully litigated employment-based disputes on behalf of classes 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 statutes. We take instances of wage theft very seriously and commit ourselves to getting employees’ hard- earned money back into their pockets when employers fail to, or even are determined not to, compensate them fairly and honestly. It’s simple, you work so that you can support your livelihood and, since employers wield power over you in terms of your paycheck, you are entitled to and deserve legal recourse when they abuse this power. Contact us for a free evaluation.

Settlements:

Bland v. Calfrac Well Services, Case No. 2:12-cv-01407 (W.D. Pa.). 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. After extensive litigation, the case settled for $6 million, which provided a gross recovery per class member of between $250 and approximately $11,500.

Camara, et al. v. Mastro’s Restaurants LLC, Case No. 1:18-cv-00724 (D.D.C.). In this case, Migliaccio & Rathod LLP represented a nationwide group of servers at a restaurant alleging that their employer was illegally requiring them to pool tips with non-servers. Generally speaking, employers can sometimes pay direct-service employees in tipped industries a reduced hourly wage, provided that the difference between the reduced wage and the legal minimum wage is made up for by tips, and tip pools are allowed. Here, the expansion of the tip pool beyond direct-service employees “broke” the tip pool, allegedly requiring the employer to pay the servers a minimum hourly wage. If you were impacted by similar practices at a steakhouse, learn more and contact us here.

Craig v. Rite Aid, Case No. 4:08-CV-2317 (M.D. Pa.). 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 such as loading and unloading boxes, stocking shelves, cashiering and other duties which are not exempt under federal and state overtime laws.  After extensive litigation, the case settled for $20.9 million, 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.” M&R continues to investigate potential instances of misclassification of assistant managers across the nation.

Crigler v. Seven Point Energy Services, Inc., Case No.: 19-cv-00604-MJH (W.D.Pa.). Represented William Crigler and Equipment Oprators who worked for Defendant in Fair Labor Standards Act, Pennsylvania Minimum Wage Act, and Ohio Minimum Fair Wage Standards Act claims for unpair overtime. Obtained a $100,000 settlement on behalf of 123 class members, representing a 100 cents on the dollar recovery for their wage and hour claims.

Colbert v. Prince Security Services of DC, LLC et al., Case No. 2020CA001347B (D.C. Sup. Ct.). Migliaccio & Rathod represented the plaintiff and other security guards  in a class action against their employer, Prince Security Services, for alleged violation of the District of Columbia’s Wage Payment and Wage Collection Law 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 equivalent of 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 settlement with the shelter contractor and security subcontractor to compensate the group for the loss of sick time and pay.

Dinkel, et al. v. MedStar Health Inc., Case No. 11-998 (D.D.C.) and Freeman, et al. v. MedStar Health, Inc., Case No. 14-628 (D.D.C.). Represented Plaintiffs who alleged that Defendants failed to properly pay certain groups of employees all overtime wages owed for the overtime work they performed, in violation of the Fair Labor Standards Act (“FLSA”), the District of Columbia Minimum Wage Revision Act (“DCMWA”), the Maryland Wage and Hour Law (“MWHL”) and the Maryland Wage Payment Collection Law (“MWPCL”). Plaintiff’s counsel achieved a $600,000 settlement, with each meal break plaintiff receiving no less than $500.00 plus their pro rata share of the remaining amount based on the number of weeks they worked during the relevant period.

Fischer et al v. Kmart Corp. et al., Case No. 3:13-cv-04116 (D.N.J.). Represented Kmart assistant managers for Fair Labor Standards Act and parallel state law claims in nationwide litigation and arbitrations, culminating in $3.8 million settlement. M&R continues to investigate potential instances of misclassification of assistant managers across the nation.

Frisbie, et al. v. Feast American Diners, LLC, et al., Case No. 17-cv-6270 (W.D.N.Y.). Migliaccio & Rathod LLP, alongside co-counsel, represented former Assistant Restaurant Managers of Denny’s restaurants against Feast American Diners, LLC and Top Line Restaurant, Inc. (“Denny’s”) who are franchise owners of the restaurants. This lawsuit alleged that these Denny’s violated the Fair Labor Standards Act (“FLSA”) by failing to properly compensate Assistant Managers for overtime hours, which are any hours in excess of 40 within a workweek. We reached a settlement for all Assistant Managers who worked at the Denny’s of interest from April 28, 2014 to January 18, 2019. The Assistant Managers who, during the eligible claim period submitted an opt-in form, received direct payment depending on the number of weeks of employment and corresponding overtime left unpaid during their time at Denny’s. This payment ranged anywhere from $25 to more than $2,000. Find more information about this case here and more information about employee misclassification here.

Massingale v. Liberty Oilfield Services LLC, Case No. 1:17-cv-1230(D.Col). Minimum Wage and Overtime Pay for Operators at Liberty Oilfield. Workers filed a class and collective action against Liberty Oilfield in the District Court for the District of Colorado. They allege that Liberty knowingly permitted its workers to work through meal breaks without properly compensating them for this work, or for overtime hours that workers routinely put in.

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.). Represented plaintiffs in a wage theft class action against application-based courier startup company, alleging that the couriers were misclassified as independent contractors.  M&R was named class counsel in the settlement agreement providing for $8.75 million in relief to a nationwide class. M&R continues to investigate potential instances of misclassification in D.C. and across the nation.

Qasemy v. Quality Services Moving, Case No. 1:19-cv-00809 (E.D. Va.). In this case, Migliaccio & Rathod LLP represented a group of thirty-one movers, employed by a moving company. The company allegedly refused to pay the movers time-and-a-half for overtime, instead treating overtime pay as a “bonus.” The movers were also uncompensated for time spent on the job but not moving, such as time spent at the company’s office waiting for instructions or prepping their vans for work. M&R reached a settlement with the company where the company would compensate the movers for time-and-a-half pay, with guaranteed minimum payments for each opt-in participant.

Rafael A. Morel Then v. Great Arrow Builders LLC, Inc.,Case No. 2:20-cv-00800 (W.D.P.A.). Our firm, Migliaccio & Rathod LLP, alongside co-counsel, represented current and former Hourly Craft Union Workers of Great Arrow Builders (“GAB”) from November 26, 2018 to February 23, 2022. This lawsuit alleges that Great Arrow Builders violated the Fair Labor Standards Act (“FLSA”) by failing to properly compensate for overtime hours, which are any hours in excess of 40 within a workweek. 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. The settlement offers these impacted employees direct payment depending on the number of weeks of employment and corresponding overtime left unpaid during their time at GAB.

Whitfield et al. v. Trinity Restaurant Group LLC, Case No. 2:18-cv-10973 ,and Corbin v. CFRA, LLC  Case No. 1:15-cv-00405 (M.D.N.C.).Represented 1,520 servers in collective action against major IHOP franchise for wage theft violations, culminating in $1.725 million settlement. . Fair Labor Standards Act (FLSA) violations. Servers have filed a collective action lawsuit against Trinity Restaurant Group in the Eastern District of Michigan. They allege that they spent more than 20% of their work time on non-tip producing work, while being paid sub-minimum wage, that mandatory meetings were unpaid, and that they were made to claim more in tips than they actually earned. If you work for an IHOP under similar circumstances, find more information and contact us here.

Snodgrass v. Bob Evans, Case No. 2:12-cv-768 (S.D. Ohio). Represented Bob Evans’ Assistant Managers in a case alleging that Bob Evans, a restaurant chain with hundreds of locations predominantly in the Midwest, had misclassified its Assistant Managers as exempt from federal and state overtime laws. After a landmark ruling on the application of the so-called “fluctuating workweek” method of payment, the lawsuit settled for $16.5 million. 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.

Stillman v. Staples, Case No. 07-849 (D.N.J.). Represented Staples Assistant Managers in Fair Labor Standards Act claims for unpaid overtime. 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. Served in a central role in the consolidated litigation, which lasted nearly two years after the Stillman. The consolidated litigation ultimately settled for $42 million.

Tobias Mooneyham and Derek Sleve v. AVI Foodsystems, Inc., Case No. 1:17-cv-103 (N.D.Ohio). In this collective action suit, M&R represented the plaintiffs and members of the collective, who were Route and CSA Supervisors, in their claims regarding unpaid overtime. Judge Donald C. Nugent of the United States District Court for the Northern District of Ohio granted approval on the $1.5 million 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.

Walkinshaw et al. v. CommonSpirit Health, Case No. 4:19-cv-3012 (D.Neb). In this collective action suit, Migliaccio & Rathod represented nurses of CHI in Iowa and Nebraska who allege 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. On October 6, 2022, Judge Brian C. Buescher of the United States District Court for the District of Nebraska granted preliminary approval on a settlement which provides compensation for medical nurses working remotely while on an on-call shift, from February 6, 2015 through April 11, 2022 at various CHI facilities throughout the state. The settlement fund is set at just shy of a million dollars and will be allocated to nurses who timely submit valid claim forms and, upon final approval, will be distributed proportionally based on amount owed to each individual, with a minimum of $15 per person.

Nelson, Et Al. V. Sabre Companies Llc Et Al, Case No.1:15-cv-314 -Field Operators at Sabre Energy have filed a class and collective action suit against Sabre Energy in the Northern District of New York. They allege that many weeks Sabre made them work long hours but did not pay them overtime. The Northern District of New York approved a 1.2 million dollar settlement to be divided among all Plaintiffs.

Crigler v. Stingray Pressure Pumping LLC, Case No. 2:15-cv-02324-EAS-TPK
The claims in this case were brought by a former Stingray Pressure Pumping LLC (“Stingray”) employee who alleges that he was entitled under federal and Ohio law to unpaid overtime compensation for those weeks in which he worked more than 40 hours. He also alleges that Stingray was required to keep records of his hours worked but failed to do so. The District Court for the Southern District of Ohio approved a $675,000 settlement to be allocated proportionally to any impacted.

Jump to: Top of Settlements; Investigations

Ongoing Cases:

Sours v. Jac Products, Inc., Case No. 2:22-cv-10532 (E.D. Michigan). Migliaccio & Rathod LLP, along with co-counsel, has filed a class action lawsuit against JAC Products, Inc. over allegations that JAC failed to pay employees the proper overtime rate because it did not include non-discretional bonuses in its calculation of the regular rate. As of January 2023, conditional certification of the class was granted. For more information, visit our blog here.

Osorio v. Rust-oleum Corporation, Inc., Case No. 1:22-cv-02419 (N. D. Illinois). Migliaccio & Rathod LLP, along with co-counsel, has filed a collective action lawsuit, Osorio v. Rust-oleum Corporation, Inc., over allegations that Rust-Oleum failed to pay employees the proper overtime rate. The Plaintiff alleges that Rust-Oluem did not include non-discretional bonuses in its calculation of the regular rate, thereby omitting portions of owed wages. As of January 2023, this case is in mediation. For more information, visit our blog here.

Prince v. Brickyard Healthcare, Inc. (Golden LivingCenters) Et Al, Case No. 1:22-cv-01753 (S.D. Indiana). Migliaccio & Rathod LLP, along with co-counsel, has filed a collective action lawsuit against Brickyard Healthcare 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. The complaint was filed in September 2022, and litigation is ongoing. If you are an hourly employee who earned any non-discretionary extra pay (e.g., performance or spotlight awards, COVID or hazard pay) in the last three years and suspect it was not factored into your overtime pay, you may be entitled to compensation. Please visit this page for more information and to contact us.

Collins v. District of Columbia Fire and Emergency Medical Services Department, Case No. 1:21-cv-02941 (D.D.C). Migliaccio & Rathod LLP represents employees of the District of Columbia Fire and Emergency Medical Services Department 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. We are currently navigating settlement negotiations in hopes of putting owed wages back into employees’ pockets. If you believe you were similarly shorted on overtime pay during time periods in which you received extra pay, find more here.

Jump to: Top of Ongoing CasesInvestigations

Misc. Wage Theft

Six Flags Security Screenings

No Poach Policies

RBT’s Uncompensated Admin Time

Au Pair Minimum Wage Violations

Misc. State and City Specific Statutes

City Specific Fair Workweek Laws

Underpaid Meal and Rest Breaks in California

Pre and Post-Shift Work in Pennsylvania

Weekly Pay for Manual Workers

New York Manual Workers Weekly Pay Violations

*Prior results do not guarantee a similar outcome

Jump to: SettlementsOngoing CasesInvestigations

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