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Category Archives: Minimum Wage
CAMDEN, NEW JERSEY: As reported by numerous media outlets, including the Philadelphia Inquirer, several service technicians employed by General Electric in 6 states have filed a putative collective and class action lawsuit in federal court against General Electric (G.E.) asserting that they were denied wages for pre-shift work, post-shift work and missed meal breaks in violation of the Fair Labor Standards Act (“FLSA”) and state law.
The lawsuit was filed in the United States District Court for the District of New Jersey in Camden. Richard Swartz and Justin Swidler of Swartz Swidler, LLC, Alan Eichenbaum, and Robert Soloff represent the workers in their fight for wages. More information regarding the lawsuit, as well as information regarding how you can join the lawsuit if you are a potential plaintiff, is available here.
Earlier this week, Swartz Swidler, LLC, an employment law firm based in Cherry Hill, NJ which focuses on nationwide FLSA litigation, filed a lawsuit the federal court in Dallas, Texas asserting FLSA violations committed by Stevens Transport.
According to the lawsuit filed in Northern District of Texas, Stevens Transport violated the law by failing to pay its drivers for certain compensable time spent during their training program, including for time logged in a sleeper berth and for some compensable rest periods.
Swartz Swidler, LLC has focuses a significant amount of effort in fighting for wages of over-the-road truck drivers. The Firm is currently litigating cases against Werner and C.R. England. For more information regarding the lawsuit against Stevens Transport, you can visit visit the official Stevens Transport Class Action website.
Court Grants Conditional Collective Certification Per the FLSA for a Class of more than 40,000 Truck Drivers who Assert They Were Denied Minimum Wage
On October 11, 2012, in one of the largest wage and hour lawsuits ever to hit the trucking industry, Senior Judge Lyle E. Strom, sitting on the United States District Court for the District of Nebraska conditionally certified a nationwide FLSA class of more than 40,000 truck drivers who assert that they were systemically denied minimum wage, as required by the Fair Labor Standards Act. The case, Philip Petrone, et al. v. Werner Enterprises, Inc., et al., asserts that Werner Enterprises, a publicly traded trucking company and one of the 20 largest trucking companies in the United States, paid newly hired employees below the minimum wage while the new hires attended a 6-8 week over-the-road training program. A motion to certify a class pursuant to Rule 23 based on Nebraska state law is pending.
While many industries are becoming accustomed to large FLSA collective action claims, the trucking industry has largely dodged such attacks, in part because truck drivers are exempt from the overtime requirements of the FLSA. However, over-the-road truck drivers are entitled to minimum wage for all hours worked. According to the lawsuit, Werner used a computerized and automatic payroll system which processed payroll for all of its student drivers and which was programmed in a manner which systemically denied student drivers minimum wage.
The plaintiffs are represented by Justin Swidler and Richard Swartz of Swartz Swidler, LLC, a Cherry Hill, New Jersey based employment law firm which focuses on nationwide wage and hour disputes.