PRACTICE AREAS

Class / Collective Action Settlements

• (Pontones v. San Jose Restaurant, Inc. et al., E.D.N.C., CA No. 5:18-cv-219-D) Restaurant Industry – In August 2022, the U.S. 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 San Jose Restaurants on behalf of servers. The lawsuit alleged that San Jose Restaurants failed to pay their servers all wages lawfully due, and made unlawful deductions based on a percentage of servers’ daily sales. The settlement reached was for $1.5 million.
• (Roldan et al. v. Bland Landscaping Company, Inc., W.D.N.C., CA No. 3:20-cv-00276) Landscape Workers – In late 2022, this matter was resolved on behalf of over 400 landscapers. For more information regarding the settlement, please go to the settlement website at: https://www.cptgroupcaseinfo.com/BlandLandscapingSettlement/.
• (Wai Man Tom v. Hospitality Ventures, LLC, et al.) Restaurant Workers – In November 2022, the United States District Court for the Eastern District of North Carolina granted final approval to the settlement in a class and collective action relating to NC Wage and Hour Act as well as the Federal Labor Standards Act. The settlement secured a $1.6 million recovery for a class of servers who asserted claims for illegal deductions by improper tip pooling as well as unpaid overtime wages.
• Trucking Industry – On behalf of 400 truck drivers, The Law Offices of Gilda A. Hernandez, PLLC resolved a matter with a company in the trucking industry for $6.75 million dollars.
• Motor Carrier Act – In April 2020, the United States District Court for the Western District of North Carolina granted final approval to the settlement in a class and collective action relating to the Motor Carrier Act. The settlement secured a $1.6 million recovery for a class of technicians who asserted claims for nonpayment of overtime wages lawfully due.
• Call Center Associates – In January 2020, the United States District Court for the Middle District of North Carolina granted final approval to the settlement in a class and collective action brought by several thousand call center associates. The associates asserted claims for nonpayment of regular and overtime wages lawfully due. The parties agreed to keep the monetary amount confidential, but Plaintiffs and their counsel believe they have reached a fair and reasonable settlement of the disputed claims.
• First Responders – In November 2019, the United States District Court for the Eastern District of North Carolina granted final approval to the settlement in a class and collective action brought by Emergency Medical Technicians and Intermediaries, asserting claims for overtime compensation lawfully due. The settlement reached was for $495,000.
• 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.
• (Velasquez v. Mi Casita) Restaurant Industry – In September 2017, the U.S. 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 Mi Casita Restaurants. The lawsuit alleged that Mi Casita misclassified employees as exempt from overtime under the Fair Labor Standards Act, and, as a result, failed to pay employees all wages lawfully due. The settlement reached was for $2.5 million.
• 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.