Unpaid Overtime Cases (and class action lawsuits)
Hamilton et al v. Buck’s 24 Hour Diner, LP is a Butler County Ohio case, number CV 2016-09-1954. The plaintiffs were cooks, dishwashers, and wait staff. All were paid less than the Ohio and federal minimum wages, in cash, and without ever being paid overtime – even though some of them worked more than 80 hours per week. This case was just served on the defendants. An answer is due in November. More details are here: http://www.journal-news.com/news/workers-sue-middletown-diner-for-not-paying-minimum-wage-overtime/W1gT3Ji8A144XPuE0aka0L/
Oakes et al v. Rapid Mortgage Co. A federal Southern District of Ohio case saw an unlicensed mortgage loan processor doing work for a mortgage company similar to what licensed brokers did. It was alleged in the Complaint that none of the processors or brokers were being paid minimum wages and none were being paid overtime. The plaintiff and 2 opts in were classified as independent contractors. This case recently settled confidentially in January of 2016.
Habenicht v. KeyBank. In this federal class action lawsuit filed in the Northern District of Ohio, a nationwide class of more than 300 mortgage loan officers alleged that they were not paid overtime for their long days of sales activities and that they were not reimbursed for expenses. This case was before Judge Polster and was resolved by mediation before trial with a payment to the settlement class of plaintiffs for an amount in excess of six million dollars.
Laichev v. JBM. This three state class action lawsuit alleged that satellite dish installers were not being paid overtime for their excessively long workdays and that the employer punished the employees if they reported working more than forty hours in a week. This case saw some hard litigation but was eventually settled.
Bauer v. Singh This federal unpaid overtime case was filed on behalf of four used car lot workers who drove tow trucks, ran errands, swept floors and even sold cars. They all worked well in excess of forty hours a week but were not paid for that time. They were paid flat weekly amounts. In some cases leaving them making less than minimum wage. This case went first to a jury, but was decided for the Plaintiffs by a judge. With attorney’s fees, the award was in excess of $105,000.00.