Current Cases

A list of cases currently under litigation by the firm:

Ritzer & Tesoro v. UBS Financial Services Inc.

This overtime pay case is brought on behalf of all technical support associates who worked for the Technical Support Group of the Operations and Services Division of UBS Financial Services Inc. in the Weehawken, New Jersey and Memphis, Tennessee offices, as well as those employees who tele-commuted from home. This case is brought in the United States District Court for the District of New Jersey and seeks back overtime pay, an equal amount in liquidated damages, costs and attorneys' fees from UBS for failing to pay time and a half premium pay for all hours worked over 40 in a work week. The law firm of Monaghan, Monaghan, Lamb & Marchisio joins us in representing plaintiffs.

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Stephan and Nickerson v. Michigan Microtech, Inc., Directech Holding Co., Inc., and DirecTV, Inc.

Two DirecTV installation technicians bring this lawsuit against their direct employer, an installation company (and other entities alleged to be joint employers by law) for the failure to pay overtime wages. The suit charges Michigan Microtech with pressuring technicians to not report overtime hours, even though it knew or should have known that the technicians worked these hours. The suit joins a list of similar suits against DirecTV installation companies charged with the same violations. The suit is brought in the Eastern District of Michigan, but covers technicians who choose to join the case wherever they worked. The case is brought as a class action. However, the Court has not yet granted the case class action status. The case seeks back pay, an equal amount in liquidated damages, costs and attorneys' fees from Michigan Microtech. U.S. District Judge Julian Abele Cook, Jr. will hear the case.

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Laichev v. JBM, Inc.

Two DirecTV installation technicians bring this lawsuit against their installation company for the failure to pay overtime wages. The suit charges JBM (also known as Bluegrass Satellite and Security) with pressuring its technicians to not report overtime hours, even though it knew or should have known that the technicians worked these hours. The suit joins a list of similar suits against DirecTV installation companies charged with the same violations. The suit is brought in the Southern District of Ohio, but covers technicians who choose to join the case wherever they lived or worked for JBM. The case is brought as a class action on behalf of all technicians for JBM working in Ohio and the Court has "certified" the case as a class action. Getman Law Office is joined on the suit by James P. Langendorf of Langendorf Law Office to also represent the named plaintiffs and class members. The case seeks back pay, an equal amount in liquidated damages, costs and attorneys' fees from JBM.

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Melson v. Directech Southwest, Inc.

Four Installation and Repair Technicians originally brought this overtime pay case on behalf of a nationwide class of Technicians, against Directech Southwest, Inc. under the Fair Labor Standards Act (FLSA). (Currently 12 technicians have filed consents to be part of the case.) The case charges Directech with failing to pay overtime premium to technicians who work more than forty hours in a week, but receive only job rate pay with no premium for their overtime hours. The case seeks back pay and an equal amount in liquidated damages and charges that Directech must also pay the plaintiffs' costs and legal fees in bringing the suit. The case is filed in the U.S. District Court for the Eastern District of Louisiana. In addition to the Getman Law Office, the plaintiffs are also being represented by Phillip Bohrer of Bohrer Law Firm, LLC in Baton Rouge and Michael T. Tusa, Jr. of McCranie, Sistrunk, Anzelmo, Hardy, Maxwell & McDaniel, P.C. in Metarie, Louisiana.

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Allen v. SunTrust Bank

This overtime pay case is brought on behalf of current and former Client Technical Support employees who were paid on a salary basis without receiving time and one half premium pay by defendant for work hours over forty in a work week, and who worked in positions that defendant reclassified as “non-exempt.” There are currently forty-seven individuals bringing this case, which is brought as a Fair Labor Standards Act (FLSA) "collective action." SunTrust initially paid the CTS employees on a salary basis without paying overtime premium pay. In October 2006, the company recognized its violation of the law and paid employees a partial payment of the back pay owed. SunTrust paid only for 2 years backpay using the 1/2 time method and then paid only for time recorded in the Primavera System, not for all hours actually worked. The plaintiffs in this case seek full back pay for all overtime hours worked in the last 3 years using the time and one-half method, as well as an equal amount in liquidated damages. Plaintiffs believe that SunTrust will owe the plaintiff classmembers more than 9 times as much as SunTrust paid in backpay using the half-time method, without liquidated damages for only two years (though individual claims may vary). The suit claims that SunTrust will be obligated to pay attorneys' fees and costs for the plaintiffs' counsel as well. The case is now pending in the Northern District of Georgia. Individuals who wish to join the suit because they fit the class definition, are currently prohibited from joining the action, but should contact one of the plaintiffs' counsel concerning filing a separate case. The plaintiffs in this case are being represented by Dan Getman of Getman Law Office, Alan Garber of the Garber Law Firm, P.C. in Marietta, Georgia, Ryan Barack of Kwall, Showers, Coleman & Barack, P.A. in Clearwater, Florida, and Jason L. Gunter of Jason L. Gunter P A in Fort Myers, Florida.

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Brumley v. Camin Cargo Control, Inc.

Nathan Brumley, a former field inspector with Camin Cargo Controls, Inc., brought this overtime pay case on behalf of a nationwide class of field inspectors who Defendant paid overtime under a half-time method called “Chinese Overtime”. The case challenges Defendant’s overtime pay practice, claiming that the half-time method violates the pay requirements of the federal Fair Labor Standards Act. The case seeks back pay and an equal amount in liquidated damages and charges that Defendant must also pay the plaintiffs' costs and legal fees in bringing the suit. The case is filed in the U.S. District Court for the District of New Jersey, and is pending before U.S. District Judge Jose L. Linares.

Class members include field inspectors that worked for Defendant and were paid overtime under the Defendant’s half-time or “Chinese Overtime” method.

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Zimmerman v. SunTrust Bank

This overtime pay case is brought on behalf of current and former Client Technical Support (level 1, 2 or 3) employees who were paid on a salary basis without receiving time and one half premium pay by defendant for work hours over forty in a work week. This case is brought as a Fair Labor Standards Act (FLSA) "collective action" on behalf of other CTS employees. SunTrust initially paid the CTS employees on a salary basis without paying overtime premium pay. In October 2006, the company recognized its violation of the law and paid employees a partial payment of the back pay owed. SunTrust paid only for 2 years backpay using the 1/2 time method and then paid only for time recorded in the Primavera System, not for all hours actually worked. After making the change in October 2006, the company began paying CTS employees using a "fluctuating work week" or 1/2 time pay methodology. The plaintiffs in this case seek full back pay for all overtime hours worked in the last 3 years using the time and one-half method, as well as an equal amount in liquidated damages. Plaintiffs believe that SunTrust will owe the plaintiff class members more than 9 times as much as SunTrust paid in backpay using the half-time method, without liquidated damages for only two years (though individual claims may vary). The suit claims that SunTrust will be obligated to pay attorneys' fees and costs for the plaintiffs' counsel as well. The case is now pending before U.S. District Judge Richard W. Story, in the Northern District of Georgia. Individuals who wish to join the suit because they fit the class definition should contact one of the plaintiffs' counsel concerning joining the case. The plaintiffs in this case are being represented by Dan Getman of Getman Law Office, Alan Garber of the Garber Law Firm, P.C. in Marietta, Georgia, Ryan Barack of Kwall, Showers, Coleman & Barack, P.A. in Clearwater, Florida, and Jason L. Gunter of Jason L. Gunter P A in Fort Myers, Florida.

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Riddle v. SunTrust Bank

This overtime pay case is brought on behalf of current and former Client Technology Specialist CTS-4 employees who did not supervise other CTS employees and who were paid on a salary basis without receiving time and one half premium pay by defendant for work hours over forty in a work week. This case is brought as a Fair Labor Standards Act (FLSA) "collective action" on behalf of other CTS-4 employees. SunTrust initially paid the CTS employees on a salary basis without paying overtime premium pay. The plaintiffs in this case seek full back pay for all overtime hours worked in the last 3 years using the time and one-half method, as well as an equal amount in liquidated damages. The suit claims that SunTrust will be obligated to pay attorneys' fees and costs for the plaintiffs' counsel as well. The case is now pending before U.S. District Judge Richard W. Story, in the Northern District of Georgia. Individuals who wish to join the suit because they fit the class definition should contact one of the plaintiffs' counsel. The plaintiffs in this case are being represented by Dan Getman of Getman Law Office, Alan Garber of the Garber Law Firm, P.C. in Marietta, Georgia, Ryan Barack of Kwall, Showers, Coleman & Barack, P.A. in Clearwater, Florida, and Jason L. Gunter of Jason L. Gunter P A in Fort Myers, Florida.

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Ayers v. SGS Control Services, Inc. and SGS North America, Inc.

*NOTICE OF PROPOSED SETTLEMENT*
On March 10, 2008, the Court preliminarily approved the Parties’ settlement agreement to resolve the claims of SGS’ Oil, Gas and Chemical, automobile, and agriculture inspectors for $7.25 million dollars in funds. Under the terms of the settlement, class members have until July 8, 2008 to (1) submit a Claim Form indicating they wish to receive a share of the Settlement proceeds; or (2) submit a Request for Exclusion Form indicating they wish to be excluded from the Settlement. Class Members who submit neither form will be bound by the Settlement but will receive no share of the Settlement proceeds. Class Members may also submit comments or objections to the settlement. Notice of the settlement will be mailed to all Class Members by April 9, 2008. You can obtain a copy of the Notice by going to the April 9, 2008 Status Report through the “further information” link below.

To find out more about the terms of the Settlement, as well as when individuals must have been employed by SGS in order to be a Class Member, go to www.AyersSettlement.com; or contact the Claims Administrator, The Garden City Group, Inc., by mail at Ayers/Ferry v. SGS, c/o The Garden City Group, Inc., P.O. Box 9260, Dublin, Ohio 43017-4660, or by phone at 1-866-923-0867; or contact Class Counsel, Getman Law Firm, 9 Paradies Lane, New Paltz, New York 12561. To obtain Claim or Request for Exclusion Forms, contact The Garden City Group, Inc., at Ayers/Ferry v. SGS, c/o The Garden City Group, Inc., P.O. Box 9260, Dublin, Ohio 43017-4660, or by phone at 1-866-923-0867. Claim Forms and Exclusion Forms must be submitted to the Claims Administrator no later than July 8, 2008.

Please remember:
1. It is very important that the Claims Administrator has your current contact information, including your current mailing address.
2. You must fill out and submit a claim form by July 8, 2008 to receive a share of the settlement, even if you are a Plaintiff in the Ayers v. SGS or Ferry v. SGS cases.
3. The Claims Administrator will determine the actual amount that you receive under the settlement. The value of individual claims will not be finalized until 30 days after the Court has granted final approval of the settlement.

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English v. Ecolab, Inc.

This case challenges Ecolab’s failure to pay overtime to “Service Specialists”and other Ecolab Pest Elimination Division employees whose primary job duties were providing pest elimination services to Ecolab’s customers. The class members were paid a salary and commissions without being paid overtime for hours over forty. This case is brought on behalf of a class of Ecolab’s Service Specialists throughout the United States, and seeks to recover back overtime wages plus an equal amount of liquidated damages.

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McKissick v. Corry Publishing, Inc., et al.

Sam McKissick, a former employee of VertMarkets, Corry Publishing and Peterson Bro.s, Inc., brought this overtime pay case on behalf of a nationwide class of non-exempt employees who Defendants did not pay overtime at a rate of time and one-half the regular hour based on salaries received. The case challenges Defendants’ overtime pay practice, claiming that they violated the pay requirements of the federal Fair Labor Standards Act.

The case seeks back pay and an equal amount in liquidated damages and charges that Defendants must also pay the plaintiffs' costs and legal fees in bringing the suit. The case is before Judge Maurice B. Cohill, Jr. in the U.S. District Court for the Western District of Pennsylvania, Eire Division.

Class members include salespeople, editorial, production operations, and information technology staff, trainers, and other non-exempt employees that were not paid time and one-half for all overtime hours. (Even if Defendants paid a salary, they are still required to pay non-exempt employees time and one-half for all overtime hours.)

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Montgomery v. TAP Enterprises, Inc.

Plaintiff Montgomery and other sales crew members bring this case for unpaid overtime and an equal amount of liquidated damages from defendant TAP Enterprises. Plaintiffs bring the case individually and on behalf of other members of defendant's traveling sales crew who worked throughout the United States. The case was originally filed in the Southern District of New York, but was transferred to the U.S. District Court for the Western District of Missouri. The case has been assigned to the Honorable Judge Richard E. Dorr. There are currently 190 crew members who are plaintiffs in this case.

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Moreno v. BUREAU OF U.S. CITIZENSHIP AND IMMIGRATION SERVICES and U.S.A.

Plaintiff was a former law enforcement officer assigned to six day per week training at the Federal Law Enforcement Training Center. A variety of federal agencies used the facility for six day training. The practice of the U.S. was not to pay overtime pay at the rate of time and one half for the 6 weeks of training. The case is brought as a collective action on behalf of all individuals who did not receive proper overtime pay for their weeks at the training center. Since the U.S. government paid some individuals back pay, but not an equal amount of "liquidated damages" people who have already been paid back pay may still be due an equal amount in damages. The case seeks such damages as well as back pay. The case is currently pending in the U.S. Court of Federal Claims in the District of Columbia.

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Clark v. Ecolab, Inc.

On October 4, 2007, the Getman Law Office and Outten & Golden of New York, New York filed a federal lawsuit for overtime pay in the U.S. District Court for the Southern District of New York to recover unpaid overtime for employees of Ecolab throughout the country. The case challenges Ecolab’s failure to pay time and one half premium pay for all hours worked over 40 in a work week. Plaintiffs seek unpaid overtime wages and “liquidated” or double damages. The suit covers all employees who performed services on the premises of Ecolab’s customers regardless of division or where they lived and worked for Ecolab.

The specific employees covered are all individuals who worked in a non-supervisory capacity for Ecolab from August 10, 2005 to date, who regularly performed services on the premises of Ecolab’s customers, drove vehicles of 10,000 pounds or less and were not required by Federal law to be placarded for hazardous materials, and are not members of the class affected by the September 2007 California arbitration award against Defendant.

Additionally, a class action was also filed for all individuals who have worked for Defendant in California from October 3, 2003 to date in a non-supervisory capacity, who regularly performed services on the premises of Defendant’s customers, and are not members of the class affected by the September 2007 California arbitration award against Defendant.

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Land v. Gaston County, North Carolina

*****NOTICE OF PROPOSED SETTLEMENT*****
This case is a class and collective action brought by 7 Emergency Medical Technicians employed by the County's EMS Division for themselves and on behalf of all other EMTs employed by the County. The employees claim that the defendant County failed to pay all EMT's overtime at the rate of time and one half. This case is brought in conjunction with co-counsel Robert J. Willis. The parties in the case have reached a tentative settlement. Judge Mullen of the Western District of North Carolina has ordered the plaintiffs to send a NOTICE to all EMTs who worked in Gaston County from April 17, 2004 through December 31, 2005 advising them of the settlement and the amount that they will be entitled to, if they choose to accept the proposed settlement. EMTs who wish to participate in the settlement must file a claim form with the attorneys, postmarked no later than August 21, 2007. The settlement will not take effect until the Court reviews and approves the settlement, which can occur no earlier than September 10, 2007. Information about how much each EMT will receive under the settlement is contained in the claim form which has been mailed on June 22, 2007.

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Porta v. U.S.A.

Plaintiff was a former Border Patrol Agent assigned to six day per week training at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia. A variety of federal agencies used the facility for six day training. The practice of the U.S. Bureau of Customs and Border Protection was not to pay overtime pay at the rate of time and one half for the period of basic training. The case is brought as a collective action on behalf of all individuals who did not receive proper overtime pay for their weeks at the training center. The case seeks back pay and an equal amount in liquidated damages. The case is currently pending in the U.S. Court of Federal Claims in the District of Columbia.

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Manley v. American Home Mortgage Investment Co. & American Home Mortgage Co.

This is a federal overtime case brought on behalf of loan officers and senior loan officers who were paid on a draw and commission basis without payment of time and one half for overtime. The case is brought on behalf of a class of such employees as a "collective action" under federal overtime law and as a "class action" on behalf of a class of New York state employees under the New York state overtime law. Both claims are brought together in federal court. In addition to the claim for overtime, the case challenges the draw system as a minimum wage violation for those periods in which employees received only a draw. The federal minimum wage law requires that wages be paid "free and clear" to constitute wages and the draw payments to employees were subject to being recovered by defendants. This case is pending in the Southern District of New York.

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Llandez v. Service One Janitorial, Inc.

Four janitors bring this overtime case against a Service One franchise. The plaintiffs bring the action on behalf of the entire workforce-none of whom were paid time and one half for hours over forty. The plaintiffs seek back pay and liquidated (double damages) under the federal Fair Labor Standards Act. Service One Janitorial, Inc. and its owner, Michael R. Burgos have defaulted in this case. The Court has entered judgment against both defendants in the amount of $103,736.17.

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Manley v. The American Home Mortgage Company (Court Supervised Site)

Plaintiffs Patrick Manley, Freya DeNitto, Shawn O’Neil, Christian Kohl, Thomas Marinovich, et al., are former employees of AHM who have brought this action on behalf of all other current and former loan officers, senior loan officers, and team leaders who worked for AHM. Plaintiffs claim that they did not receive overtime pay for hours worked over forty in a workweek and are owed minimum wage for some weeks when their draw was recouped from commission.

Defendants deny any wrongdoing and/or liability to plaintiffs or any other past or present employee who may allege that he or she was underpaid. AHM denies that any employee was underpaid for his or her work at any time.

This lawsuit seeks the payment of minimum wages and overtime wages allegedly owed to current and former loan officer, senior loan officer, and team leader employees of the above defendants pursuant to the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and New York State Law (Labor Law § 652, as well as 12 NYCRR §§ 142-2.1 and 142-2.2). The lawsuit seeks payment of overtime and minimum wages if a) You worked for AHM for more than 40 hours per week and you were not paid overtime at time and one-half (1.5x) your normal hourly rate of pay for all hours actually worked over forty (40) hours each week; and/or b) You were paid a draw which was recovered by AHM by commissions you earned later.

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Treadway and Smith v. BGS Construction, Inc.

This is a Fair Labor Standards Act suit brought by two plaintiffs who worked in construction out of West Virginia, but travelling regularly out of state without compensation for the hours of travel. The case seeks back pay and an equal amount in liquidated damages. The case is brought in the Southern District of West Virginia.

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Elmeshad v. GHT Petroleum, Inc..

Plaintiff Elmeshad was a convenience store cashier for a local Mobil On The Run franchise, who was not paid overtime at the rate of time and one half for all hours worked over 40. Plaintiff Elmeshad sought back pay plus an equal amount in liquidated damages plus costs and attorneys' fees from GHT Petroleum, which operates the Mobil On The Run in Hopewell Junction and Fishkill, New York. The case was brought in the U.S. District Court for the Southern District of New York. The case was favorably settled on November 21, 2007.

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Young v. Cooper Cameron Corporation

This overtime case is brought on behalf of Product Design Specialists who were paid on a salary basis. The case claims that the employees were misclassified as exempt from the protections of the overtime law. The case seeks back pay, liquidated damages, costs and attorneys fees.

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Martinez-Hernandez v. Butterball, LLC

This case challenges the failure of Butterball to pay overtime and minimum wages to processing workers at its turkey processing plant in the Eastern District of North Carolina. Specifically, the plaintiffs charge that Butterball did not count all the time that the plaintiffs worked, including the time they spend putting on and taking off personal protective equipment, walking time within the plant, and break time. The case is brought as a collective action for claims under the federal Fair Labor Standards Act and as a class action under the North Carolina Minimum Wage Act. Robert Willis is lead counsel in the case and will be assisted by Joel T. Alexander and the Getman Law Office as of counsel attorneys. The case is to be tried by the Honorable Malcolm J. Howard.

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Ostrowski, et al., v. VertMarkets, Inc., Corry Publishing, Inc., and Peterson Bros., Inc.

On March 19, 2008, Jason Ostrowski filed a class action lawsuit against VertMarkets, Inc., Corry Publishing, Inc., and Peterson Bros., Inc. The case challenges Defendants’ overtime pay practice, claiming that they violated the pay requirements of Pennsylvania law. The case seeks back pay and liquidated damages and charges that Defendants must also pay the Plaintiffs' costs and legal fees in bringing the suit. The case is filed in the Court of Common Pleas of Philadelphia County. Class members include all current and former employees who were subject to Defendants’ payroll deduction policy and were not paid 1½ times their regular rate of pay for all hours in excess of 40 hours.

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Ferry v. SGS North America, Inc., et al.

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Gulino and Ferry v. Symbol Technologies, Inc.

The plaintiffs worked in Symbol's call center and claim they were not paid time and one half for overtime. The parties have inked a stipulation of settlement which will be presented to the Court for determination of its fairness.

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Masson v EcoLab, Inc.

This case challenges EcoLab's failure to pay overtime to "Route Managers." These route managers do not manage other employees, but work to maintain and repair cleaning and sanitation equipment at restaurants and other enterprises. The case is brought on behalf of a class of EcoLab's route managers throughout the United States. The class members are paid a salary without being paid time and one half for hours over forty.

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