SELECT ACTIVE CLASS/COLLECTIVE ACTIONS
ACADEMY MORTGAGE CORPORATION (employees paid both overtime and bonuses):
C. Andrew Head is Lead Counsel for the Plaintiff and the putative class of employee opt-in plaintiffs in George v. Academy Mortgage Corporation (UT), No. 1:16-cv-00471-CAP (N.D. Ga.). Plaintiff, individually and on behalf of all non-exempt associates (for example, Mortgage Loan Processors) at any location, allege that Academy Mortgage improperly calculated their overtime pay in a manner that violates the Fair Labor Standards Act. The case was recently conditionally certified as a collective action, with Notice of Rights to Join issuing to all non-exempt employees nationwide who meet the notice criteria. To view the case-specific website for the Academy Mortgage Overtime Lawsuit, click HERE. To view the Notice Administrator's case-specific website for more details or to electronically submit a Consent form, click HERE.
PUBLIX SUPER MARKETS (Hourly Associates): C. Andrew Head is co-Lead Counsel for the employees in White, et al v. Publix Super Markets, Inc.,No. 3:14-cv-01189 (M.D. Tenn.), an overtime collective action under the FLSA involving Publix hourly-paid associates ("Hourly Associates)" company-wide who worked atany Publix grocery store at any time from May 16, 2011 to the present and meet the eligibility requirements. On August 19, 2015, the Court granted Plaintiffs' motion for summary judgment in part, ruling that Publix failed to include lump sum Holiday Pay in its calculation of overtime earned in overtime weeks that included the day before, of, and after a Publix-paid holiday, in violation of the FLSA's overtime pay requirements. By Order entered October 28, 2015, the Court granted Plaintiffs' Motion for Conditional Certification and Issuance of Notice, ordering that notice be distributed to all individuals who (1) worked for Publix as an Hourly Associate in a grocery store at any time between May 16, 2011 and December 27, 2014, and (2) worked more than 40 hours in one or more weeks that included the day before, the day of, or the day after New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day. The Order required Publix to compile the list of all individuals who meet that criteria, and provide that information to the Notice Administrator (RG/2 Claims Administration, (855) 279-8685) for mailing of the Court-required notices to their last known mailing addresses from Publix's records. To view the Notice Administrator's case website and/or to download, print, sign, and submit a Consent form to join the case if eligible, click HERE. By Order entered December 5, 2017, the case was stayed until January 31, 2018.FANNIE MAE (Letter Review Underwriters):C. Andrew Head is lead counsel for the plaintiffs in Prowant v. Federal National Mortgage Association ("Fannie Mae"), No. 1:14-cv-03799-AT (N.D. Ga.), a putative collective action lawsuit alleging unpaid overtime filed on behalf of Atlanta office Letter Review Underwriters employed by Fannie Mae that was previously in arbitration. On September 21, 2016, the Court ruled that Fannie Mae waived arbitration and breached its arbitration agreement by filing a federal court declaratory judgment action, and ordered that the case shall now proceed in federal court on the overtime claims at issue. On May 31, 2017, the Court denied Fannie Mae's motion to compel opt-in plaintiffs to arbitration, and on October 16, 2017, the Court granted Plaintiffs' motion to conditionally certify the case to proceed as a collective action and ordered issuance of notice of rights to join to all putative opt-in plaintiffs who worked in similar positions.P.L. MARKETING (Set/Reset Team Members and Surge Team Members, Set/Reset and Surge Team Leads):
C. Andrew Head is lead counsel for the plaintiffs in Fitzgerald v. P.L. Marketing, Inc., No. 2:17-cv-02251(W.D. Tenn.), a putative collective action lawsuit filed April 13, 2017 alleging that salary-paid Set/Reset Team Members and other merchandising employees who perform merchandise placement and tagging duties at Kroger Co.'s grocery stores were misclassified as exempt from overtime pay requirements. Individuals who worked as salary-paid Set Team Members, Reset Team Members, Surge Team Members, Set Team Leads, Reset Team Leads, or Surge Team Leads may be eligible to join the case by filing a Consent form to join as opt-in plaintiffs and be represented by lead counsel, or may separately retain counsel of their choice. The Court ordered the case to proceed conditionally as a collective action, and approved issuance of notice of rights to join the lawsuit to all potential collective action members. To view the Notice Administrator's website for this case, which includes a link to electronically sign and submit a consent to join directly online, click HERE or go to http://www.rg2claims.com/plmarketingovertime.html.
RECENT SELECT SETTLEMENTSPUBLIX SUPER MARKETS (Overtime, Department Managers and Asst. Department Managers) - SETTLED: C. Andrew Head was Lead Counsel for the employees in Ott, et al v. Publix Super Markets, Inc.,No. 3:12-cv-00486 (M.D. Tenn.), a conditionally certifiedFLSA overtime collective action involving all Publix AssistantDepartment Managers and Department Managers company-wide who worked atany Publix grocery store during the relevant three year period and were paid for their overtime hours worked by a fluctuating workweek ("FWW") overtime pay calculation method. This case was settled and the settlement was approved by the Court on February 4, 2015. For more information on the settlement, click HERE.BRICKMAN GROUP (Supervisors) - SETTLED:
(certain confidential settlements cannot be listed due to no-publicity provisions)
C. Andrew Head was Lead Counsel for the employees in the class action and collective action lawsuit captioned Amador v. The Brickman Group, Ltd., LLC, No. 3:13-cv-02529 (M.D. Pa.), filed on behalf of all Supervisors (Landscaping Supervisors, Work Order Supervisors, Crew Supervisors, Irrigation Supervisors, etc.) employed by The Brickman Group, Ltd., LLC (now Brightview Landscapes, LLC) who were paid a salary but only half-time overtime according to a "fluctuating work week" method of compensation that plaintiffs contend violated the applicable overtime laws. On October 2, 2017, the Court granted final approval of the class and collective action settlement, which provides that Brickman Group (now Brightview) will pay $4.77 million (including $1.51 million in attorney's fees) to the 839 individuals participating in the settlement. To view the Settlement Administrator's website for this settlement, click HERE. In approving the settlement, the Court noted the excellent work by plaintiffs' lead counsel: "The court is confident that these attorneys are highly skilled in FLSA collective and hybrid actions as seen by their dealings with the court and the results achieved in both negotiating and handling the settlement to date." The Court also noted that lead counsel achieved excellent results: "[T]he court views this to be an excellent settlement and would not hesitate to approve a [lodestar] multiplier above 1.3." To review press coverage of this settlement, click HERE or HERE.MICROS SYSTEMS/ORACLE (Overtime, Implementation Specialists) - SETTLED:
AMERICAN HEALTH IMAGING (employees paid both overtime and bonuses) - SETTLED:
C. Andrew Head was Lead Counsel for the Plaintiff in Frazier v. American Health Imaging, Inc., No. 1:16-cv-02148-ELR (N.D. Ga.), a case alleging that the company failed to factor in bonus amounts in calculating the overtime premiums paid to its MRI Technicians, CT or PET Technicians, and Patient Care Coordinators. On September 28, 2017, the Court granted approval of a settlement that conditionally certifies a collective action of all employees affected by this pay practice within the relevant period, and makes available settlement payments (net of any and all fees and costs) totaling 96% of maximum possible overtime back pay and full liquidated damages, for the maximum willful three-year look-back recovery period. To review the Settlement Administrator's website for this settlement, click HERE.
C. Andrew Head was lead counsel for the overtime lawsuit filed against Micros Systems Inc. (subsequently acquired by Oracle Corporation) on behalf of all Implementation Specialists across the country who Plaintiffs contend were misclassified as exempt and denied overtime pay. The lawsuit, captioned Wilson, et al v. Micros Systems Inc., No. 3:13-cv-01328 (M.D. Tenn.), was filed November 16, 2013 in the Middle District of Tennessee. On May 14, 2015, Judge Campbell approved the settlement in which Micros Systems will pay a total of $925,000 to settle the claims of the 90 participating plaintiffs who filed consents to join the lawsuit. To view the case website summarizing the settlement, click HERE.
EARTH FARE GROCERY STORES (Overtime, Department Managers) - SETTLED:C. Andrew Head was appointed class counsel for the settled class and collective action in Bartles, et al v. Earth Fare, Inc., No. 3:14-cv-00015-CDL (M.D. Ga.).on behalf of all Department Managers who worked at Earth Fare company-wide, and were classified as exempt and paid a salary but no overtime pay. On July 29, 2015, the Court granted preliminary approval of the $1.2 million claims-made settlement fund on behalf of the class, and on November 19, 2015, the Court entered an order granting final approval. Employees with questions may contact the appointed Settlement Administrator, Rust Consulting, at (866)431-8549. To view the case website, click HERE.CITYWIDE HOME LOANS (Overtime, Mortgage Underwriters) - SETTLED:
C. Andrew Head was co-Lead Counsel for the employees in Goodwin v. Citywide Home Loans, No. 8:14-cv-00866-JLS-JCG (C.D. Cal.), a collective action filed under the Fair Labor Standards Act alleging that Citywide misclassified its mortgage underwriters as exempt from the overtime pay requirements under the law. On November 2, 2015, Judge Josephine L. Staton entered an order approving settlement. To view the case website at http://www.nka.com/case/citywide-home-loans-inc/, click HERE.EMBRACE HOME LOANS (Loan Officers) - SETTLED:C. Andrew Head was co-Lead Counsel for the conditionally certified collective of mortgage loan officers in Jackson v. Embrace Home Loans, No. 1:13-cv-00739 (D.R.I.). On July 11, 2016, Judge Lisi entered an order approving the settlement of 38 named and opt-in plaintiffs' claims in which Embrace paid over $375,000 in combined overtime back wages, liquidated damages, service payments, attorney's fees and costs, and employer's share of payroll taxes, and made additional settlement offers by the same pro rata calculation to an additional 8 loan officers who Embrace had omitted from the class list provided for notice. For more information on the case, visit the case website by clicking HERE.
PUBLIX SUPER MARKETS (Fair Credit Reporting Act, hired applicants) - SETTLED: C. Andrew Head was appointed Class Liaison Counsel for the employees in Knights v. Publix Super Markets, Inc., No. 3:14-cv-00720 (M.D. Tenn.), a class action alleging violations of the Fair Credit Reporting Act regarding background check procedures. The parties in this case reached a settlement. The settlement was granted final approval by the Court on November 12, 2014. More information about the terms of the settlement, the notice to class members, and links to important case documents can be found HERE at www.fcrapublixsettlement.com.