Ongoing Employment Law Cases
CLASS ACTIONS: PRE-CLASS CERTIFICATION
Hinton Alfert Sumner & Kaufmann are currently representing workers in the following cases that are in the "pre-class certification" stage. If you think you may be a class member in any of these cases, we encourage you to call us with any questions about the case or information you believe may be helpful.
Samaniego v. Empire Today, LLC - Reimbursement of Business Expenses. Overtime and Meal Period Pay for Installers
Hinton Alfert Sumner & Kaufmann and the Employment Law Center filed a lawsuit against Empire Today LLC on December 2, 2010. The lawsuit alleges that Empire Today misclassifies its installers in California as independent contractors. The lawsuit alleges that the company fails to pay the installers properly for business expenses and overtime and doesn't provide meal periods, as required by California law. Empire Today is a nationwide provider of installed carpets, flooring and window coverings with four locations in California. Contact plaintiffs' counsel at Hinton Alfert Sumner and Kaufmann if believe you are part of this lawsuit.
Narayan v. Eagle Global Logistics (EGL) - Business Expenses, Overtime, and Meal Period Pay for Delivery Drivers.
This lawsuit was brought on behalf of drivers misclassified as independent contractors by the company formerly known as EGL, Inc. in California. Read More
Bartoni v. American Medical Response - Meal Period Pay and Overtime for Dispatchers and Field Employees
This lawsuit was brought on behalf of dispatchers and field employees (EMT's, paramedics and drivers) employed by American Medical Response West ("AMR") in Northern California. Read More
Watts v. Sysco Corporation - Business Expense Reimbursement for Marketing Associates
This lawsuit was brought on behalf of outside sales people (Marketing Associates) employed by Sysco in California. Read More
Kieilhurn v. Vistar Corporation (Roma Foods) - Business Expense Reimbursement for Outside Salespeople
This lawsuit was brought on behalf of California outside sales people (Area Managers) employed by Roma Food, Vistar, and Performance Foodservice. Read More
Cariaga v. Michael's Communication - Overtime, Minimum Wage, Expense Reimbursement and Meal Period Pay for Cable Installers
This is a case brought on behalf of cable installation technicians employed by Michael's Communications. Read More
Kairy v. SuperShuttle - Business Expenses, Overtime, and Meal Period Pay for Airport Shuttle Drivers
This lawsuit was brought on behalf of drivers employed by SuperShuttle International in California. Read More
CLASS ACTIONS: POST-CLASS CERTIFICATION
All of Hinton Alfert Sumner & Kaufmann's currently active litigation (except for those in the settlement process listed below) are at the pre-class certification stage.
Escandon v. North Bay Corporation - Meal Period Pay for Garbage Truck Drivers
The court approved Plaintiffs' motion for class certification on December 30, 2010. The court's approval means that this lawsuit, involving plaintiff garbage truck drivers who have sued North Bay Corporation, can move forward as a class action. A class notice will be sent to the class members informing them of the litigation and their rights as class members. The lawsuit alleges that North Bay does not provide its drivers with off-duty meal breaks The lawsuit covers all garbage truck drivers who worked for North Bay anytime from May 15, 2004 to the present. Contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you have any questions about the lawsuit.
CLASS ACTIONS IN THE SETTLEMENT PROCESS
The cases listed below are in various stages of a multi-stage settlement approval process. All class actions require court approval and adequate notice to potential class members. This process often takes many months, or even over a year. If you think you may be a class member in any of these cases, we encourage you to call us with any questions about the status of the settlements:
Hoenemeir v. Sun Microsystems - Overtime and Meal Period Pay for Technical Writers
This is a certified class action for technical writers employed Sun Microsystems, Inc. and/or by SeeBeyond Technology Corporation in California from September 21, 2002 to February 13, 2010. Read More
Burdick v. U.S. Foodservice - Business Expense Reimbursement for Territory Managers
A class of outside sales people (Territory Managers) employed by U.S. Foodservice, Inc. in California have received $14.5 million to settle claims for unreimbursed business expenses. Read More
Polk v. Adecco - Vacation Pay for Temporary Employees
This lawsuit was brought on behalf of temporary employees of Adecco, USA who worked for an Adecco client in the state of Illinois. Read More
INDIVIDUAL CASES
Hinton Alfert Sumner & Kaufmann represents individual workers in litigation against their employers. Our current individual cases include:
Gonzalez v. Freshpoint, Inc. - Overtime and Severance Pay
Two sales representatives formerly employed by FreshPoint, Inc. in Northern California have sued to recover wages for hours worked in excess of 8 hours in a day or 40 hours in a week and pay for missed meal periods. One of the plaintiffs also seeks damages for breach of contract and failure to pay severance wages.
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CLASS ACTIONS: PRE-CLASS CERTIFICATION
Narayan v. Eagle Global Logistics (EGL) - Business Expenses, Overtime, and Meal Period Pay for Delivery Drivers.
This lawsuit was brought on behalf of drivers misclassified as independent contractors by the company formerly known as EGL, Inc. in California. EGL was acquired by CEVA in the summer of 2007 and drivers who now work for CEVA are potentially part of this lawsuit. The case seeks to recover business expenses incurred on the job, including gas, maintenance and other costs incurred in using their own trucks and vans, insurance costs, and company fees and charges. Also, Plaintiffs seek to recover overtime and missed meal period wages for van drivers. The lawsuit covers the time period September 12, 2001 to present. Plaintiffs won an appeal of a district court summary judgment ruling in July 2010. The case has been returned to the district court for further litigation. Plaintiffs' counsel expects litigation to resume in September 2010. Please contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you have questions about the status of the case.
Bartoni v. American Medical Response - Meal Period Pay and Overtime for Dispatchers and Field Employees
This lawsuit was brought on behalf of dispatchers and field employees (EMT's, paramedics and drivers) employed by American Medical Response West ("AMR") in Northern California. The case seeks to recover wages for missed meal periods and unpaid overtime. The lawsuit covers the time period from April 16, 2004 to the present. You are a potential class member of this lawsuit if you worked as a dispatcher or field employee for AMR in Northern California during this time period. Contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you believe you are a potential class member of this lawsuit.
Watts v. Sysco Corporation - Business Expense Reimbursement for Marketing Associates
This lawsuit was brought on behalf of outside sales people (Marketing Associates) employed by Sysco in California. The case seeks reimbursement for expenses incurred traveling to and from customer locations selling the company's food and food-related products. Plaintiffs allege, on behalf of the potential class, that Sysco has violated California law by not reimbursing these expenses. Currently, the sales force pays for all of its own travel and sales-related expenses. These expenses include the costs of using their own cars, including gasoline, insurance, maintenance, tolls and personal cell phone usage. The lawsuit covers the time period from June 22, 2005 to the present. You are a potential class member of this lawsuit if you worked as a Marketing Associate for Sysco in California during this time period. Plaintiffs' counsel have recovered many millions of dollars for class members in similar lawsuits seeking recovery of expense reimbursement. Contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you believe that you are a potential member of this lawsuit.
Kieilhurn v. Vistar Corporation (Roma Foods) - Business Expense Reimbursement for Outside Salespeople
This lawsuit was brought on behalf of California outside sales people (Area Managers) employed by Roma Food, Vistar, and Performance Foodservice. The case seeks reimbursement for expenses incurred traveling to and from customer locations selling the companies' food and food-related products. Plaintiffs allege, on behalf of the potential class, that defendants have violated California law by not reimbursing these expenses. Currently, the sales force pays for all of its own travel and sales-related expenses. These expenses include the costs of using their own cars, including gasoline, insurance, maintenance, tolls and personal cell phone usage. The lawsuit covers the time period from August 2006 to the present. You are a potential class member of this lawsuit if you worked as an area manager for Roma Food, Vistar and Performance Foodservice in California during this time period. Contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you believe that you are a potential member of this lawsuit.
Cariaga v. Michael's Communication - Overtime, Minimum Wage, Expense Reimbursement and Meal Period Pay for Cable Installers
This is a case brought on behalf of cable installation technicians employed by Michael's Communications. The case seeks wages for unpaid overtime and missed meal periods; minimum wage for time worked but not paid; and reimbursement for business expenses (mileage) incurred on the job. The lawsuit covers the time period from January 13, 2006 to the present. You are a potential class member of this lawsuit if you worked as a technician for Michael's Communications during this time period. Contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you believe you are a potential class member of this lawsuit.
Kairy v. SuperShuttle - Business Expenses, Overtime, and Meal Period Pay for Airport Shuttle Drivers
This lawsuit was brought on behalf of drivers employed by SuperShuttle International in California. Plaintiffs contend that SuperShuttle has misclassified its California van drivers as "franchisees" and/or "independent contractors" rather than as employees. The lawsuit seeks to recover business expenses, including wrongful deductions and fees, incurred by drivers. There are also claims for overtime, minimum wage, and missed meal periods under California law and overtime and minimum wage claims under federal law. The district court dismissed the California state law claims; the federal law claims remain. In June 2010, Plaintiffs' counsel filed for an appeal of a district court ruling on the state law claims. The district court case is stayed until the appellate court rules on the issue before it. The appellate court will probably take at least a year to rule. Please contact Plaintiffs' counsel at Hinton Alfert Sumner & Kaufmann if you believe that you are a potential class member (i.e., you have driven a van in California since May 2004) and have not received recent updates from Plaintiffs' counsel.
CLASS ACTIONS IN THE SETTLEMENT PROCESS
Hoenemeir v. Sun Microsystems - Overtime and Meal Period Pay for Technical Writers
This is a certified class action for technical writers employed Sun Microsystems, Inc. and/or by SeeBeyond Technology Corporation in California from September 21, 2002 to February 13, 2010. Plaintiffs assert that Sun misclassified its technical writers as exempt employees, and thereby failed to pay additional compensation for overtime hours worked and missed meal periods (see attached plaintiffs' brief in support of motion for class certification). Sun and its successor Oracle has agreed to pay $5 million to settle the class's overtime and meal period claims. This settlement has been preliminarily approved by Judge Huber of the California Superior Court for the County of Santa Clara. Notices of the settlement were sent to class members in August 2010. The final approval hearing is on October 8, 2010. Please contact Aaron Kaufmann or Lisa Dungan at Hinton Alfert Sumner & Kaufmann immediately if you think you are part of the class and have not received a notice of settlement.
Burdick v. U.S. Foodservice - Business Expense Reimbursement for Territory Managers
A class of outside sales people (Territory Managers) employed by U.S. Foodservice, Inc. in California have received $14.5 million to settle claims for unreimbursed business expenses. These sales-related expenses - which include the costs of using their own cars, including gasoline, insurance, maintenance, tolls and cell phone usage--were incurred traveling to and from the company's clients. The Court approved a settlement of this matter in June 2010 and settlement payments have been mailed to class members. PLEASE CONTACT PLAINTIFFS' COUNSEL AT Hinton Alfert Sumner & Kaufmann IMMEDIATELY IF YOU BELIEVE YOU ARE PART OF THIS CLASS (i.e., if you were a Territory Manager in California from February 5, 2005 until January 31, 2010) AND YOU HAVE NOT RECEIVED A NOTICE OF SETTLEMENT.
Polk v. Adecco - Vacation Pay for Temporary Employees
This lawsuit was brought on behalf of temporary employees of Adecco, USA who worked for an Adecco client in the state of Illinois. The case seeks to recover vacation bonus benefits for temporary employees of Adecco. The lawsuit covers the time period from July 7, 2001 to December 31, 2003. The court preliminarily approved the settlement of this matter in July 2010. Notice of the settlement has been sent to class members. Please contact Aaron Kaufmann at Hinton Alfert Sumner & Kaufmann immediately if you think that you are part of this class.
