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.
AMERICAN HEALTH IMAGING (employees paid both overtime and bonuses):
C. Andrew Head is Lead Counsel for the Plaintiff in Frazier v. American Health Imaging, Inc., No. 1:16-cv-02148-ELR (N.D. Ga.), a putative collective action alleging that the company failed to factor in bonus amounts in calculating overtime paid to its MRI Technicians, CT or PET Technicians, and Patient Care Coordinators.
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 at
any 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 January 30, 2017, the case has been stayed until April 25, 2017, and the trial date has been set for August 15, 2017.
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 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.
BRICKMAN GROUP (Supervisors):
C. Andrew Head is lead counsel for the class action and collective action lawsuit filed on behalf of all Supervisors (Landscaping Supervisors, Work Order Supervisors, Crew Supervisors, Irrigation Supervisors, etc.) employed by The Brickman Group, Ltd., LLC. The lawsuit, captioned Amador v. The Brickman Group, Ltd., LLC, No. 3:13-cv-02529 (M.D. Pa.), was filed in the United States District Court for the Middle District of Pennsylvania. The case is brought on behalf of all current and former Supervisors employed by The Brickman Group anywhere in the United States who were only paid a salary but only half-time overtime according to the "fluctuating work week" method of compensation, whereby they received only half-time overtime pay for hours worked over 40 in a workweek, from October 8, 2010 through the present. Plaintiffs allege that The Brickman Group violated the federal Fair Labor Standards Act and Pennsylvania state wage laws by paying overtime at only this half-time rate, rather than at a rate of time and one-half the required regular rate. Head Law Firm, LLC is being assisted by local counsel Shanon Carson, Sarah Schalman-Bergen, and Alexandra L. Koropey of Berger & Montague, P.C., based in Philadelphia, Pennsylvania. For more information concerning the case, including an electronic copy of the complaint and opt-in consent form, click HERE.
RECENT SELECT SETTLEMENTS
PUBLIX 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 certified
FLSA overtime collective action involving all Publix Assistant
Department Managers and Department Managers company-wide who worked at
any 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
MICROS SYSTEMS/ORACLE (Overtime, Implementation Specialists) - SETTLED:
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