Current Cases

Nelson et al v. Sabre Companies LLC

Overtime Pay for Operators at Sabre Energy. Field Operators at Sabre Energy have filed a class and collective action suit against Sabre Energy in the Northern District of New York. They allege that many weeks Sabre made them work long hours but did not pay them overtime. The Court has granted conditional certification, and you can learn more about this case at www.sabrewages.com.

 

Freeman et al v. MedStar Health Inc.

Missed Meal Breaks at MedStar Hospitals. Nurses and other hourly employees have filed a collective action suit against MedStar and several of its hospitals in the Washington D.C. metropolitan area, alleging that they were made to work through their meal breaks without compensation.

 

Dinkel et al v. MedStar Health Inc.

If you were a member of the decertified uniform maintenance collective action, you can take steps to assert your claims individually here.

 

Crigler v. Stingray Pressure Pumping LLC

Overtime Pay for Equipment Operators at Stingray Pressure Pumping. Equipment operators have filed a class and collective action lawsuit in the Federal District Court of the Southern District of Ohio against Stingray Pressure Pumping. They allege that they had to work long hours but did not receive overtime pay.

 

Fischer v. Kmart Corporation

Overtime Pay for Assistant Managers at Kmart. Softline and Hardline assistant managers at Kmart have filed a nationwide collective action, and state-based class actions, alleging that they were not paid overtime for hours worked over 40 in a week. They allege that although Kmart classified them as exempt under the “executive” exemption to the FLSA, their primary duty was far from managerial and, instead, involved mostly manual labor.

 

Lewandowski v. Maxum Petroleum Operating Company, et al.,

Overtime Pay for Frac Fuelers at Maxum Petroleum Operating Company. Collective action members regularly worked in excess of 40 hours per workweek without being paid the legally required amount of overtime wages. Additionally, fuelers were never paid for pre-preparatory work they performed off-site. This suit is another example of companies failing to pay employees the wages to which they are entitled under federal law.

 

Tomassini v. Chrysler Group, LLC,

Defective Valve Stems in Chrysler Tire Pressure Monitor Systems.  A consumer represented by Migliaccio & Rathod LLP has brought a class action lawsuit on behalf of consumers against Chrysler for faulty Tire Pressure Monitoring System (TPMS) sensor units. Plaintiffs maintain that TPMS units on certain Chrysler / Dodge / Jeep vehicles use an aluminum alloy valve stem assembly that is subject to corrosion and failure. Corrosion may be causing the aluminum alloy retaining nuts or valve stems (which secure the sensors to the inside of the wheel) to split or fail, causing sensors to loosen and fall into the tires, causing the tires, in turn, to suddenly deflate. Naturally, this is a very serious safety issue since rapid deflation at speed can lead to loss of vehicle control. As part of our ongoing investigation in these matters, we are looking for qualifying vehicles for our experts to inspect, including following vehicles manufactured after June 10, 2009: 2009 – 2011 Dodge Ram 1500 and 2500 trucks; 2009 – 2011 Chrysler and Dodge Minivans, including Caravan, Grand Caravan and Town & Country models; and 2009 – 2011 Dodge Journeys. The date of manufacture is listed on a placard on the chassis inside the driver’s side door. Please contact Nick Migliaccio at nmigliaccio@classlawdc.com if you own or lease one of these vehicles and believe you have a defective TPMS valve stem.

 

Sagastume et al v. Ruby Tuesday, Inc

Overtime Pay for Assistant Managers at Ruby Tuesday. Plaintiffs allege that Ruby Tuesday did not keep accurate records and did not pay assistant managers any type of overtime. Ruby Tuesday classified assistant manager as “executives” and treated them as exempt from the overtime requirements of federal and state laws. However, the plaintiffs’ job duties included waiting on customers, serving food, clearing tables, and other tasks of an hourly employee.

 

Miller et al v. Hyundai Motor America

Hyundai Brakes.  Migliaccio & Rathod LLP along with co-counsel, is currently litigating a case on behalf of model year 2006-2010 Hyundai Sontana owners against Hyundai Motor America. The suit alleges that premature wear and replacement is required due to a defect involving the brakes, which may involve defective parts and/or premature corrosion, and alleges that such repair or replacement should be covered by the warranty. It seeks reimbursement of the cost of repair and replacement of the rotors and/or calipers. In addition, there have been over 150 complaints relating to the rear brakes in the 2006-2010 Sonatas filed by consumers with the National Highway Transportation Safety Administration’s Office of Defects Investigation (NHTSA-ODI). These complaints indicate that owners have experienced problems with their rear brakes as early as 23,000 miles.

 

McDonald v. Franklin County, Ohio

Unreasonable Documentation of Females’ Private Parts at Jackson Pike. Migliaccio & Rathod LLP currently represents a class of females admitted to Franklin County (which includes Columbus, Ohio) Corrections Center Two, commonly known as “Jackson Pike.” Class members were admitted between May 23, 2011 and April 30, 2014, and charged only for minor crimes but subjected to the practice of having tattoos on their private parts (including breasts, buttocks, genitals, and hypogastric region) photographed. The lawsuit alleges that these practices violate the Constitution’s prohibition of unreasonable searches and seizures. Our attorneys believe that this practice may extend beyond Jackson Pike to prisons in other counties in Ohio and even across the country.

 

Hill v. County of Montgomery

Food Deprivation and Malnutrition at the Montgomery County Jail. For several years, persons placed into the custody of Montgomery County Jail have been denied adequate nutrition, resulting in severe bodily and mental harm. Daily caloric intake did not exceed 1,700, well short of the 2,400 - 3,000 needed for an average, moderately active male. As a result, plaintiffs suffered content hunger pains, hair loss, skin rashes and other symptoms of malnutrition. This treatment violates the Eighth Amendment to the United States Constitution and state laws, which protect citizens from cruel and unusual punishment.

 

Sherwood v. Cook Out, Inc.

Overtime Pay for Assistant Managers and Manager-in-Training. Managers at Cook Out, Inc. have filed a state wide collective action in Kentucky, alleging that they were not paid overtime for hours worked over 40 in a week. They allege that although Cook Out, Inc. classified them as exempt under the “executive” exemption to the FLSA, their primary duty was far from managerial, required little skill, no capital investment and, instead, involved mostly manual labor. As a result, they should be paid at a rate of 1.5 their salary for each hour worked over 40 and are entitled to compensation for wage violations.

 

Smith v. RGIS, LLC

Overtime Pay for Inventory Specialists and Similarly Situated Positions. Inventory Specialists and other individuals paid by the same compensation method, have filed a nationwide collective action, and a state-based class action, alleging that they were not paid overtime for hours worked over 40 in a week, but rather a straight wage. The principal activity of inventory specialists is to travel to different retail store sites and count retail inventory. They allege that although RGIS, LLC classified them as exempt under the “executive” exemption to the FLSA, their work did not require managerial responsibilities, or the exercise of meaningful decision-making, on matters of significance that impact the business.

 

Decker, et al. v. U.S. Well Services, LLC

Overtime Pay for Supervisors who have worked for U.S. Well Services LLC. Supervisors have filed a nationwide collective action, and state-based class actions, alleging that they were not paid overtime for hours worked over 40 in a week. Supervisors spend most of their time operating equipment, performing on-site maintenance and reporting site conditions to Managers. U.S. Well Services classifies all Supervisors as "executives", exempting them from overtime pay. Since a supervisor’s primary duties are similar to duties performed by hourly, nonexempt employees, they should be payed at a rate of 1.5 their hourly rate for each hour worked over 40.

 

Cole et al. v Marathon

Damages Resulting from the Emission of Refinery Contaminants. Marathon Oil Corporation’s southwest Detroit Refinery has, and continues, to emit harmful toxins into the air. Migliaccio & Rathod LLP along with co-counsel, are litigating on behalf of residents near the refinery. Class Members seek to cease the emission of contaminants, ensure all existing contaminates are removed, and attain damages for economic loss, including loss of property value and the interference with the use and enjoyment of their property.

 

Haag v Hyundai 

Hyundai Brakes.  Migliaccio & Rathod LLP along with co-counsel, is currently litigating a case on behalf of model year 2006-2010 Hyundai Sontana owners against Hyundai Motor America. The suit alleges that premature wear and replacement is required due to a defect involving the brakes, which may involve defective parts and/or premature corrosion, and alleges that such repair or replacement should be covered by the warranty. It seeks reimbursement of the cost of repair and replacement of the rotors and/or calipers. In addition, there have been over 150 complaints relating to the rear brakes in the 2006-2010 Sonatas filed by consumers with the National Highway Transportation Safety Administration’s Office of Defects Investigation (NHTSA-ODI). These complaints indicate that owners have experienced problems with their rear brakes as early as 23,000 miles.

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