Class Action Settlements in Progress
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Current Cases
7-Eleven — Claim on behalf of former convenient store franchisees seeking to recover millions of dollars in excise tax for pre-paid long distance phone cards that Defendant collected and retained.
20-20 Communications, Inc. — Action brought on behalf of Account Executives and Sales Consultants employed by 20/20 Communications, Inc. for reimbursement of work-related business expenses such as transportation costs and cellular phone expenses.
Alfred Angelo — Misclassification action on behalf of Store Managers for failure to compensate for overtime, and claim for meal and break period violations on behalf of hourly Bridal Consultants employed by a large bridal gown and wedding dress company.
American Golf — Action on behalf of hourly and managerial food service providers for meal and period violations, as well as overtime.
Androstenediol Litigation — Unfair Competition Action on behalf of California consumers for Defendants' alleged unlawful over-the-counter sale of products containing androstenediol ("Andro"), which is listed as an illegal controlled substance under California Health & Safety Code section 11056(f). Androstenediol products, are also known as "precursors," "prohormone," and "prosteroid products." The cases against the various manufacturers and retailers of Andro products have been coordinated in Los Angeles County.
AT&T Operations — Claim on behalf of California Project Managers, Senior Project Managers, Associate Directors, and other similarly situated employees for failure to pay overtime when class members worked over eight (8) hours in a workday, or forty (40) hours in a workweek. The action includes a claim for failure to provide meal period for every five (5) hours worked, and for failure to provide a rest period for every four (4) hours worked.
AT&T — Action on behalf of AT&T consumers alleging improper email access plan charges.
Bank of America — Action on behalf of Mortgage Loan Officers for reimbursement of business expenses such as transportation costs, cellular phone costs, meal and entertainment expenses, and marketing and advertising costs.
Brinker International — Rest, meal period, and off-the-clock claim by California hourly restaurant employees, including "Chili's Grill and Bar," "Romano's Macaroni Grill," "Maggiano's Little Italy," "Corner Bakery Café," "Cozymel's Mexican Grill," and "On The Border." The Class certification order is currently before the California Supreme Court, and no date has been set for oral argument.
Burger King — Case brought on behalf of hourly fast food employees alleging meal and rest periods were not provided, employees were required to work while clocked out for a meal or rest period, and failure to compensate for overtime despite working over eight (8) hours a day and/or over forty (40) hours a week.
California Pizza Kitchen — Action on behalf of Assistant General Managers, Front of House Managers, Back of House Managers, Kitchen Managers and similar positions who were improperly classified as exempt from overtime despite spending the majority of their time performing non-exempt tasks. The Court certified this case as a class action on December 13, 2009.
Casual Male — Misclassification action on behalf of Store Managers employed by the largest retailer of big and tall men's apparel for failure to pay overtime.
Catholic Healthcare West — Claims on behalf of hourly, direct patient care California Nurses in acute care facilities for off-the-clock wages and rest and meal period compensation.
CEMEX — Coordinated action for meal and rest period violations and failure to pay prevailing wages on public works projects and on behalf of ready mix drivers.
Cost Plus World Market — Misclassification action on behalf of California General Managers for failure to pay overtime.
Dunbar Armored — Claim on behalf of Armored Truck Drivers, Armored Truck Guards, and related positions, for failure to reimburse for business expenses, failure to provide meal and rest periods, and failure to provide compensation in lieu of missed break periods.
EasySaver Rewards — Case alleging that Provide Commerce, Inc., owner of multiple internet companies, including Pro Flowers, fraudulently transmitted customer's credit card, debit card, and/or pay pal information to Encore Marketing, Inc. a third party, which charged the card or account without the authorization of the customer. Action is on behalf of customers whose information was transmitted and charges made without their approval.
Electronic Data Systems — Misclassification claim on behalf of Information Technology and Quality Assurance employees for failure to pay overtime.
Entercom — Action on behalf of Account Executives who incurred expenditures as part of their employment, but were not reimbursed for those expenses.
FedEx Ground — Misclassification action on behalf of California Dock Service Managers for overtime pay and failure to provide meal and rest periods. The Court certified this case to proceed as a class action on February 12, 2008. The parties are preparing for trial of this matter.
Fidelity Title — Action against provider of residential and commercial title insurance policies in California, on behalf of Sales Representatives, Title Representatives, Account Executives, and related positions for failure to reimburse employees for business expenses, and failure to pay wages owed at termination.
First American Title — Claim on behalf of Sales Executives, Sales Representatives, Outside Salespersons, and other similarly situated employees for failure to reimburse business expenses and improper deductions from wages.
Food4Less/Kroger's/Ralphs Supermarkets — Action on behalf of California hourly supermarket employees alleges failure to provide meal periods within five hours and failure to provide meal or rest periods.
Gambro/DaVita Healthcare — Action by California acute-care nurses for failure to pay case-rate overtime and failure to provide rest and meal periods. The parties are preparing for mediation.
Genentech — Unfair Competition Action on behalf of IT Technical Support or any related position for failure to pay overtime for hours worked over eight (8) per workday or over forty (40) per workweek, despite performing non-exempt functions for Defendant.
GlaxoSmithKline — Misclassification action on behalf of California Pharmaceutical Representatives, who promote and market prescription drugs manufactured by GlaxoSmithKline to physicians and hospitals, for unpaid overtime and unprovided meal and rest periods.
Haseko Homes — Case alleging the developer and seller of residential units negligently and/or improperly installed hurricane straps onto the homes of class members, which caused property damage and also have the potential of causing serious bodily injury.
IBM — New York federal case alleging International Business Machines Corporation misclassified Technical Support Workers and failed to pay them overtime in violation of state and federal law, despite later changing the workers' status to exempt.
Juniper Networks — Claim on behalf of Lab Engineers, Technical Support Engineers, Software Engineers, Staff Engineers, MTS 1 Engineers, MTS 2 Engineers, Test Engineers, Lab Team Engineers, or similar positions for the failure of Defendant to pay overtime, and failure to provide compliant rest and meal break periods or compensation in lieu of the break periods.
Konica-Minolta — Action on behalf of California technicians for failure to compensate for all hours and overtime worked, provide meal periods or compensation in lieu thereof, and fully reimburse for all business expenses. Another putative class action was filed against Konica-Minolta alleging similar claims in Los Angeles. Judicial Council assigned a coordination trial judge to hear both lawsuits in the same courtroom in Orange County.
Land America Financial Group, Inc. — Action on behalf of Title Officers, Title Assistants, Escrow Officers, Escrow Assistants, Title Coordinators, Assistant Title Coordinators, and/or equivalent positions for failure to pay overtime.
Les Schwab — Misclassification action on behalf of California Store Managers for failure to pay overtime and meal and rest period violations. The action includes a claim for improper forfeiture of vacation pay on behalf of all California salaried employees.
Les Schwab Assistant Managers — Misclassification action on behalf of California Assistant Managers for failure to pay overtime and meal and rest period violations.
Liberty Mutual — Coordinated action for unpaid overtime claim for California insurance adjustors and related employees allegedly misclassified as exempt under the administrative exemption. The class was certified by Judge McCoy on May 18, 2004. Defendant filed a Motion to Decertify the Class and a Motion for Summary Adjudication. Plaintiffs filed a Motion for Summary Adjudication. The Court partially granted the Motion for Decertification and denied the Motions for Summary Adjudication. The Motion for Decertification is currently on appeal, with oral argument scheduled for May 23, 2007. The Court of Appeal issued a ruling in favor of Plaintiffs concerning the exemption issue; however, the Supreme Court of California decided to review the decision. Defendant submitted its opening brief to the California Supreme Court on January 28, 2008. There is currently no date set for oral argument.
Overland Solutions — Nationwide FLSA Collective Action for unpaid minimum and overtime wages and California class action for alleged failure by Defendant to compensate Field Auditors for all wages and overtime at the rate agreed upon in the employment contract, as well as failure to pay minimum, commission, piece rate and overtime wages.
Penske — Case alleging that Penske Driver Installers were required to perform work while clocked out for meal periods, were not paid all hourly and over time wages, were not paid proper piece rate overtime, and were denied meal and rest breaks.
Progressive Casualty Insurance Company — Claim on behalf of Claims Adjusters, Claims General Associates, or related positions for failure to pay overtime.
Radio Disney — Case alleging California Account Executives and other similar positions were denied overtime despite working over eight (8) hours in a workday, or forty (40) hours in a workweek, and were not fully reimbursed for work-related expenses.
Raytheon — Misclassification action on behalf of Software Engineers for failure to pay overtime, failure to provide meal and rest breaks, and failure to provide compensation for denial of missed meal and rest break periods.
Rite Aid — Action on behalf of California Pharmacists for denial of a rest period for every four (4) hours worked, and denial of a meal period for every five (5) hours worked, with no compensation in lieu of the missed break period.
Sedgwick Claims Management — Misclassification action on behalf of insurance Clams Managers for overtime and meal and rest period violations. The case is stayed pending the Harris v. Liberty Mutual case currently pending before the California Supreme Court.
Sutter EHR — Misclassification claim on behalf of various hardware and software computer analysts for the alleged failure to pay overtime.
Sutter Health — Coordinated action for meal and rest period claims brought on behalf of Registered Nurses, Licensed Vocational Nurses, Certified Nursing Assistants, Surgical Technicians, Dialysis Technicians and similar job titles against one of the largest medical care providers in California.
Waste Management — Action by California hourly garbage truck drivers for docking time for unprovided meal periods, failure to compensate for all hours and overtime worked, and failure to provide adequate rest and meal periods. Cohelan & Khoury are working on this matter with a number of highly experienced and reputable attorneys in San Diego and the Sacramento area. The York Law Firm in Sacramento filed a case alleging similar claims on behalf of the truck drivers. The parties are working to coordinate the two cases.
Wells Fargo Bank — Claim on behalf of Bankers, Tellers, or similarly situated position for failure to pay overtime, failure to provide meal and rest breaks, and failure to provide premium compensation in lieu of missed break periods.
Western Digital — Misclassification action on behalf of the following job titles: "Engineer- Data Analysis," "Engineer- Data Management," "Engineer- Firmware," "Engineer- Software Development," "Engineer- Electronic Design," "Engineer- Product Design," and other related Engineer positions, for failure to compensate for overtime when the employee worked over eight (8) hours in a workday and/or over forty (40) hours in a workweek, and failure to provide rest and meal breaks.
Settled Cases
Cohelan Khoury & Singer has obtained class settlements for over 650,000 employees and consumers against numerous companies and entities. Examples include:
- Applebee's
- Unocal
- CitiMortgage
- Joe's Crab Shack
- Nextel
- Robinsons-May
- Kaiser Foundation Hospitals
- Sprint PCS
- Hertz Limited Edition
- 99 Cents Only Stores
- Bath & Body Works
- Robinsons-May
- Home Depot
- WH Smith
- Kohl’s
- Men’s Wearhouse
- US Foodservice
- Washington Mutual Bank
- Wells Fargo Mortgage
- Lowe’s Home Improvement Warehouse
- CBS Radio
- Ethan Allen
- Southern California Edison
- VM Ware
- Zip Realty
- AT&T Services
- Domino's Pizza
- The Home Loan Group
- Pitney-Bowes
- World Savings
- Del Taco
- Barclays Global Investors
- Countrywide Home Loans
- DHL
- DiTech
- Cingular
- AT&T
- Hawaii Child Support Enforcement Authority
- City of San Diego
- Michaels Craft Stores
- Wyndham International
- Mimi’s Café
- Brink’s
- Cisco Systems
- RBS Lynk
- Gordon Biersch
- Standard Concrete
- Daily Grill
- TD Ameritrade
- Pep Boys
For further information, contact info-deleteme[at]-deleteme-ck-lawfirm [dot] com.
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