Class / Collective Action Settlements

  • Courier Industry – In August 2019, the United States District Court for the Northern District of Georgia granted final approval to the settlement in the class and collective action brought against a courier company. The settlement secured a $1.6 million recovery for a class of approximately 2800 couriers who asserted claims for employment misclassification, unlawful deductions and/or withholdings, and nonpayment of regular and overtime wages lawfully due.
  • Tree Service Industry – In May 2019, the United States District Court for the Eastern District of North Carolina, Western Division, granted final approval to the settlement in the class and collective action brought against a tree service company. The settlement secured a $3 million recovery for a class of approximately 120 laborers in the tree service industry. The laborers asserted the company failed to pay workers their regular and overtime wages lawfully due by not recognizing travel time or time spent loading and unloading equipment as compensable hours worked.
  • (Noguera v. Don Caribe Restaurants LLC) Restaurant Industry – In April 2019, the North Carolina Superior Court in Wake County granted default judgment against a five (5) location restaurant chain in North Carolina. The default judgment secured a recovery of $161,396.71 for a restaurant worker who asserted claims for nonpayment of regular and overtime wages lawfully due.
  • (Prescott v. Morgreen Solar Solutions) Construction Industry – In March 2019, the United States District Court for the Eastern District of North Carolina, Western Division granted default judgment against a construction company in North Carolina. The default judgement secured a recovery of $266,613.60 for a class of construction workers who asserted claims for nonpayment of regular and overtime wages lawfully due alongside failure to pay all owed, earned and/or promised wages.
  • (Velasquez v. Salsa and Beer) Restaurant Industry – In October 2018, the United States District Court for the Eastern District of North Carolina granted default judgment against a three (3) location restaurant chain in North Carolina. The default judgment secured a recovery of $368,983.13 for a class of restaurant employees who asserted claims for nonpayment of regular and overtime wages lawfully due.
  • Home Health Care – In June 2017, the U.S. District Court for the Northern District of Georgia granted final approval to a settlement reached on behalf of 146 employees of Gentiva Health Services. The lawsuit alleged that Gentiva misclassified employees as exempt from overtime under the Fair Labor Standards Act, and, as a result, that its “pay per visit” compensation plan improperly failed to pay employees all wages lawfully due. The parties agreed to keep the monetary amount of the settlement confidential, but Plaintiffs and their counsel believe they have reached a fair and reasonable settlement of the disputed claims.
  • Home Health Care – In January 2016, the U.S. District Court for the District of Connecticut granted final approval to the settlement in the class and collective action brought against Amedisys, Inc. (AMED-NASDAQ), one of the nation’s largest home health care service providers. The lawsuit asserted that Amedisys failed to pay its home health care nurses, physical therapists, and other clinicians all overtime due under federal and state wage and hour law, including via improper “pay per visit” calculations. The settlement reached was for $8 million.
  • Pork Processing Plant – In January 2014, the U.S. District Court for the Eastern District of North Carolina granted final approval to the settlements reached in class and collective actions brought against Smithfield Packing Co., which operated a pork processing plant in Kinston, North Carolina. The lawsuit alleged that Smithfield failed to compensate employees for all required work performed, including donning and doffing protective items and hygiene-related equipment, sanitizing their safety and sanitary equipment and gear, waiting to punch a time clock, waiting for the production line to begin, and walking to and from the worksite on or near the processing floor. The settlement reached was for $2 million.
  • Poultry Processing Plant – In January 2012, the U.S. District Court for the Eastern District of North Carolina granted final approval to the settlement in the class and collective action brought against Prestage Foods, Inc., a turkey processing plant in St. Pauls, North Carolina. The lawsuit alleged that Prestage Foods, which utilized a “line time” compensation system (also known as a “gang time” or “schedule time” system), failed to pay members of the class for all compensable time worked. Such time included time spent changing into and out of personal protective gear, time spent washing/sanitizing and storing gear and tools, and time spent traveling to and waiting at production lines. The settlement reached was for $1.8 million.