McDonald v. Kellogg, United States District Court for the District of Kansas, Case no.: 08-cv-02473.

Plaintiffs brought this action to recover monies for time spent changing into and out of their uniforms and personal protective equipment. Plaintiffs comprise a class of hourly production workers at the Kellogg’s “Sunshine Plant” in Kansas City, Kansas. Plaintiffs allege that Defendant has failed to compensate them properly because it pays them based on “shift time” rather than from when they begin their first principle activity of the day. Currently, Plaintiffs have petitioned the Court, asking it to find in Plaintiffs’ favor that Defendant has violated the law. Briefing on that issue is expected to be completed in the next month.

Kendall, et. al. v. TransWorld Systems, Inc., United States Court for the District of Kansas, Case No.: 10-cv-2156

Plaintiffs brought this action to recover unpaid overtime. Among other claims, Plaintiffs allege that TransWorld improperly treated overtime payments as a draw against commissions. Plaintiffs brought suit on behalf of themselves and all others similarly situated to recover back overtime payments against Defendant. This matter is in its early stages, and the parties are conducting discovery to determine what scope of a class is appropriate at this time.

Adair, et al. v. ConAgra Foods, Inc., District Court of Missouri – Western District, case no.: 09-cv-00018.

Plaintiffs brought this action as a collective action under the Fair Labor Standards Act to recover monies for time spent changing into and out of their personal protective equipment, for sanitizing certain tools/items and for time spent walking to and from their work stations after donning and prior to doffing their protective gear. Plaintiffs comprise of a class of hourly production workers at the ConAgra plant located in Marshall, Missouri. Plaintiffs allege that Defendants have failed to compensate them properly for all hours worked because they pay them based on “shift time” rather than from the time they begin their first principle activity of the day. Currently, the Parties have briefed the issue of whether the time, including but not necessarily limited to, spent by Plaintiffs changing into and out of their protective items, time spent walking after donning and prior to doffing these items and any washing/sanitizing of tools is compensable time under the Fair Labor Standards Act. Briefing on that issue has been completed and our office is awaiting the Court’s ruling on the same.

McCaffrey, et al. v. Mortgage Sources, United States District Court for the District of Kansas, case no.: 08-cv-2660.

Plaintiffs are current and former loan officers for Mortgage Sources Corporation. Plaintiffs allege that Defendant misclassified them as exempt from overtime, and improperly deducted monies from their pay. Defendant claims that Plaintiffs were either independent contractors, or exempt from the provisions of the FLSA. The Court has certified this matter as a collective action with respect to Plaintiffs’ FLSA claims. The Court has yet to certify the Plaintiffs’ claims for wrongful deductions under Kansas state law. We will be seeking such an order from the Court as this matter proceeds.

Flynn v. Stonegate Mortgage Corporation, United State District Court for the District of Kansas, case no. 10-cv-2058

Plaintiff is a former loan officer for Stonegate Mortgage Corporation. Plaintiff alleges that Defendant failed to properly pay him and others similarly situated, overtime compensation and minimum wage. The Court has not certified this matter as a collective action with respect to Plaintiffs’ FLSA claims. It will only become a certified collective class action after the Court issues an order granting this status. We will be seeking such an order from the Court as this matter proceeds.

Gerhard v. Storage Mart, United States District Court for the Western District of Missouri, Case No. 09-0148-CV

Plaintiff, a former site manager, brought this action against Defendant for failing to pay him overtime compensation as mandated by the FLSA. Plaintiff alleges that 1) Defendant failed to pay him overtime compensation while he was a salaried employee; and 2) Defendant failed to properly include nondiscretionary bonuses and performance incentives in calculating his regular rate. Plaintiff has brought the suit on behalf of himself and all others similarly situated, and has asked the Court to certify a class of current and former site managers working at Storage Mart facilities. Briefing is complete on that issue, and we are currently waiting a judicial ruling.

Smith v. Wage Works, United States District Court for the District of Kansas, Case No. 10-cv-2019

Plaintiff is a former Customer Service Representative and Account Manager for Defendant Wage Works. Plaintiff alleges that during the period in which she was a customer service representative, Defendant failed to properly include non-discretionary bonuses when calculating her regular rate for overtime compensation. Plaintiff also alleges that while she was employed by Defendant as an Account Manager, Defendant filed to pay her overtime compensation for weeks in which she worked over 40 hours. Plaintiff has brought the lawsuit on behalf of herself and all others similarly situated. This matter has not been certified as a collective action yet. It will only become a certified collective class action after the Court issues an order granting this status. We will be seeking such an order from the Court as this matter proceeds.

Wai Chan v. Wells Fargo Financial, Western District of Missouri. Case no.: 08-cv-0822.

Plaintiff is a former collections officer for Wells Fargo Financial. Plaintiff alleges that Defendant failed to properly include nondiscretionary bonuses in calculating the overtime monies she was due. Defendant denies these allegations and claims that it properly paid Ms. Chan. Plaintiff has moved to certify this matter as a collective action, and has also asked the Court to declare that Defendant violated the law by failing to properly include her bonus monies when determining what overtime compensation was due her. Briefing has been completed on these issues, and the matter is currently waiting judicial ruling.

Fulton, et al. v. TLC Lawn Care, Inc., United State District Court for the District of Kansas, Case No.: 10-2645-KHV-JPO. Complaint Filed.

Plaintiffs have brought this action against Defendant TLC Lawn Care, Inc. for unpaid wages, and related penalties and damages.  Defendant’s practice and policy is to willfully fail and refuse to properly pay Plaintiffs and all other similarly situated employees for all hours worked.  Doing so is in direct violation of the Fair Labor Standards Act (FLSA).  Defendant’s practices are in direct violation of the FLSA and Plaintiffs seek compensation for unpaid wages; liquidated and/or other damages as permitted by applicable law; and attorneys’ fees, costs, and expenses incurred in this action.