Home Health Aides Seek Unpaid Overtime

Along with Bohrer Brady, LLC, Kimble Law has filed suit on behalf of  home health care workers at A-1 Preferred Sources and related entities in the Columbus, Ohio area. The plaintiff seeks to represent a class of similarly situated home health care workers who she alleges were denied overtime wages when they worked in excess of 40 hours per week.

As we have discussed on this blog before, as of January 2015, the U.S. Department of Labor prohibits third-party employers from denying overtime wages by relying on the “companionship” exemption of the Fair Labor Standards Act. As a result, the plaintiff alleges that caregivers who work at A-1 are entitled to time and one-half their regular hourly rate for hours worked in excess of 40 per workweek.

If you work as a home health aide but your employer does not pay overtime, contact Kimble Law for a free consultation at 614-636-0509.

Read the Class Action Complaint here.

Dayton Area Domino’s Sued for Alleged Minimum Wage Violations

 

On September 8, 2016, Kimble Law, LLC filed a Class Action Complaint on behalf of pizza delivery drivers at twenty Dayton-area Domino’s Pizza restaurants.

In the Complaint, the Plaintiff-delivery driver alleges that he and his co-workers were denied proper wages because they were required to pay out-of-pocket for gasoline, automobile maintenance, and other expenses in order to perform their duties as delivery drivers, but were reimbursed only $.90 per delivery. By requiring him and his co-workers to cover expenses that were for the pizza giant’s benefit without adequate reimbursement, the plaintiff alleges, the defendants did not pay him minimum wage.

The plaintiff seeks to represent a class that includes all delivery drivers at all Domino’s locations in the Dayton area who work or have worked during the last three years. Read the Class Action Complaint here: Class Action Complaint

Do you work as a delivery driver, but think you do not receive adequate reimbursement for your out-of-pocket expenses? Call Andrew Kimble at 614-636-0509 or complete the form below to initiate a free, confidential consultation.

ADVERTISING ONLY: The information on this blog is not, nor is not intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. 

Wendy’s Franchisee Sued for Alleged Minimum Wage Violations

Wendy's_Shorthand_Logo

On August 23, 2016, a lawsuit was filed on behalf of crew members who work or worked for WendPartners Group and its affiliate organizations, alleging that the U.S.’s largest Wendy’s franchisee underpays its crew members by taking unlawful deductions from their wages.  WendPartners owns and operates 330 Wendy’s Restaurants in 20 states.

Among other claims, the plaintiff alleges that, even though he was paid minimum wage for all hours worked, WendPartners took deductions from his pay for their own benefit.  Specifically, the plaintiff alleges that the restaurant ordered non-slip shoes on crew members’ behalf, and deducted the cost of the shoes from the employees’ wages.  Additionally, the plaintiff alleges that he was paid on a debit card which charged him fees each time he used it to make a purchase or withdraw money.

Federal and state wage law requires employees to be paid at least minimum wage for all hours worked.  By taking deductions from their crew members’ pay for their own benefit, the plaintiff alleges that WendPartners has paid its crew members less than minimum wage for the hours they worked.

Read the Class Action Complaint here: Wendpartners Class Action Complaint.

If you earn at or close to minimum wage, and your employer takes deductions from your pay or requires you to cover expenses for their own benefit, call Kimble Law at (614) 983-0361, text us at (614) 636-0509, or complete the form below:

Delivery Drivers to Sue Pizza Hut Franchisee

On May 11, 2016, Kimble Law filed a lawsuit on behalf of two delivery drivers at America’s Pizza Company, LLC, a franchisee who owns over 120 Pizza Hut restaurants nationwide.  The plaintiffs allege that they were denied proper minimum wage and overtime payments by the Louisiana-based employer.  In addition to making claims for themselves, the plaintiffs also seek to represent their fellow delivery drivers, who they believe have been subjected to the same pay policies as they have.

Specifically, the plaintiffs allege that they were paid “tip credit minimum wage,” however they were not properly reimbursed for the expenses they incurred while making deliveries to Pizza Hut customers.  By failing to reimburse their drivers who incurred expenses for their benefit, the plaintiffs allege that America’s Pizza Company has paid them less than the minimum wage and overtime payments required by law.

See the Class Action Complaint: First Amended Class Action Complaint

If you are a delivery driver who is not reimbursed for automobile related expenses, contact Kimble Law today for a free consultation at 614-983-0361.

Delivery Drivers Sue Donatos Pizzeria

On June 22, 2016, Kimble Law, LLC filed a complaint on behalf of a Columbus-area delivery driver, alleging that Donatos Pizzeria, LLC has failed to pay him adequately under state and federal law.  The plaintiff seeks to represent a class of pizza delivery drivers at all of Donatos’ 150+ restaurants, who he believes are being subjected to the same pay policies.

Specifically, the plaintiff alleges that he is paid minimum wage, but is not adequately reimbursed for the considerable expenses he incurs while making deliveries for the regional pizza favorite: gasoline, car insurance, and auto repairs, among other expenses. The plaintiff alleges that, by requiring he and other delivery drivers to pay for these expenses out-of-pocket, Donatos has effectively denied them minimum wage and overtime.

See the Class Action Complaint, filed June 22, 2016: Hassan v. Donatos Pizzeria, LLC.

If you work or worked as a pizza delivery driver at Donatos or elsewhere, call Kimble Law for a free consultation at 614-983-0361, or fill out the case information form below.

 

D.C. Court of Appeals Upholds Department of Labor Regulations Granting Minimum Wage and Overtime to Home Care Workers

By Andrew Kimble

A three-judge panel on the U.S. Court of Appeals for the District of Columbia upheld recent Department of Labor regulations today that extend FLSA minimum wage and overtime protections to home care workers who work for third-party companies.  Read the opinion here: Home Care Association v. Weil.

Until recently, the Department of Labor considered live-in home care workers and workers providing “companionship services” to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, no matter if they were employed directly by the individual or family to whom they provided services or by a third-party provider.   In 2013, the DOL adopted regulations stating that third-party providers could “no longer avail” themselves of this exemption, and therefore live-in home care workers and those providing “companionship services” were entitled to minimum wage and overtime.  The DOL reasoned, among other things, that the nature of the home care industry had changed since the previous regulations were adopted in 1975.  Demand for long term home care has grown exponentially, with fewer families opting for institutionalized care, and technological advances allowing for more complex care to take place in the home.  As a result, it is rare today for families or individuals in need of home care services to hire and employ home care workers directly.  Instead, they contract for services through third-party providers.

Before the new regulations were implemented on January 1, 2015, Home Care Association v. Weil was filed in a D.C. district court, challenging the DOL’s authority to implement the regulations.  In 2014, the lower court agreed with the third-party provider-plaintiffs, invalidating the DOL regulations on the grounds that they contradicted the terms of the FLSA.

Today, however, the Court of Appeals reversed and remanded the lower court’s decision in favor of the Department of Labor.  Circuit Judge Sri Srinivasan explained that the specific issue of whether the exemption applied to employees of third-party providers was “among the  details that the statute leaves the agency to work out.”  He continued to conclude that the agency’s interpretation was reasonable in light of the changes in the industry.  The court also analyzed states in which state law already required these employees to be paid overtime, and concluded that it has not caused a significant increase in the cost of home care or the usage of institutionalize care.

The decision is a major victory for home care workers who work for third-party providers around the U.S., who will be entitled to the full protections of the FLSA after the new regulations are implemented.  If you are a home care worker for a third-party provider and you are denied minimum wage or overtime, contact an employment attorney to better understand your rights.