Resolved Cases

Hammond et al v. Lowe's Home Centers, United States District Court for the District of Kansas, case no.: 02-cv-02509. Court approved confidential settlement.

Our office, along with Dolin, Thomas & Solomon, the Popham Law Firm, Crone & Mason, and the Law offices of Thomas Brill brought this action to recover back wages on behalf of current and former employees of Lowe's Home Centers. Plaintiffs alleged, in part that employees paid pursuant to Lowe's SPOE plan were paid in violation of the Fair Labor Standards Act, and were improperly compensated overtime for hours worked in excess of 40 in a workweek. The matter was hotly litigated for over four years before finally ending amicably.

Lamb, et. al. v. Sprint United Management Company, United States District Court for the District of Kansas, case no. 2:05-cv-02023-KHV-DJW

The litigation was filed on January 14, 2005, in the United States District Court for the District of Kansas, and was brought pursuant to the Fair Labor Standards Act, and Kansas wage-hour law. Plaintiff alleged that Sprint, in violation of the FLSA and Kansas wage-hour law, misclassified him and other computer employees as exempt employees, in violation of the FLSA. The case settled on August 2, 2005 for $3,230,000.

Morak et al v. CitiMortgage, Inc., moedce case no.: 07-cv-01535. Court approved confidential settlement.

Our office along with Donelon, P.C. filed a collective action claim against CitiMortgage, Inc. on behalf of all loan originators (e.g. Mortgage Consultants, Prime Creditline Consultants) for paid overtime under the Fair Labor Standards Act (FLSA). The lawsuit alleges that CitiMortgage failed to correctly pay overtime compensation on commissions earned by these employees. The lawsuit also alleges that these CitiMortgage employees took "comp time" instead of being paid for overtime. Finally, the lawsuit alleges that these CitiMortgage employees also performed work off the clock.

Most et al v. General Nutrition Centers, Inc. et al, United States District Court for the District of Kansas, case no.: 06-cv-02330.

Our office, along with Donelon, P.C. filed a collective action against General Nutrition Corporation (GNC), alleging that Plaintiffs and all others similarly situated were paid incorrectly. Specifically, Plaintiffs alleged that GNC's payroll system improperly made partial day deductions from employees' pay, which caused the Fluctuating Workweek method of calculating overtime compensation to be incorrectly applied, and thus invalidated. The parties ultimately resolved the matter and the Court has since approved the settlement of the claims. The terms of the settlement are confidential.

Weinlood v. Bear Communications LLC, United States District Court for the District of Kansas, case no.: 09-cv-02040.

Our office along with the Grissom Law Office filed a collective action claim against Bear Communications LLC on behalf of all individuals that were employed by Bear as cable services installers for unpaid overtime under the Fair Labor Standards Act and the Kansas Minimum Wage Maximum Hours Law. The lawsuit alleged that Bear incorrectly treated and/or misclassified these individuals as independent contractors versus employees and as such failed to pay them overtime compensation. The Plaintiff also eventually alleged that Bear made unlawful deductions to the cable installers' compensation under the Kansas Wage Payment Act. This lawsuit sought to cover cable installers that worked for Bear over the three year covered period and who were not paid overtime compensation. The parties ultimately resolved the matter and the Court has since approved the settlement of the FLSA and KWPA claims. The terms of the settlement are confidential.

Clayton, et. al. v. Velociti, et. al., United States District Court for the District of Kansas, case no.: 08-cv-2298. Court approved settlement

Our office along with the Grissom Law Office on behalf of plaintiffs Shanna Clayton and Eileen Smith brought an action to recover back wages and overtime compensation against their employer, Velociti, Inc. Plaintiffs comprised a group of current and former "mobile technicians," who would, among other things, travel from site to site, installing GPS navigation equipment and other materials on over the road trucks. Defendant claimed that because they drove vehicles from site to site, they were exempt employees under the "motor carrier exemption." The matter was hotly litigated for over two years, and on April 21, 2010, the parties reached an accord, and settled the matter. The claims process is currently ongoing.

Creten-Miller v. Westlake Hardware, United States District Court for the District of Kansas, case no.: 08-cv-2351.

Our office along with The Law Office of Donelon, P.C., filed a collective action claim against Westlake "Ace" Hardware, Inc. on behalf of all employees working as front end supervisors for unpaid overtime under the Fair Labor Standards Act. The lawsuit alleged that Westlake misclassified these employees as salary exempt and as such failed to pay them overtime compensation for all hours worked over forty in each work week during the covered period. This matter was ultimately settled by the parties. The Court approved the parties proposed settlement on July 12, 2010 and all payments have been made to the opt-in Plaintiffs.

Chankin v. Tihen Communications, Eastern District of Missouri, case no.: 08-cv-00196. Our office along with The Law Office of Donelon, P.C., filed a collective action claim against Tihen Communications, Inc. on behalf of all individuals that worked for Tihen as cable services installers for unpaid overtime under the Fair Labor Standards Act. The lawsuit alleged that Tihen incorrectly treated and/or misclassified these individuals as independent contractors versus employees and as such failed to correctly pay overtime compensation. This lawsuit sought to cover cable installers that worked for Tihen over the three year covered period and who were not paid overtime compensation. The lawsuit sought to include all employees who worked not only in Missouri, but all other states. The parties ultimately resolved the matter and the Court approved settlement on September 11, 20009. The terms of the settlement are confidential.

Heidenreich v. All Care Sweeping, L.L.C. et al, United States District Court for the District of Kansas, case no.: 08-cv-02244. Court approved confidential settlement.

Plaintiff Jeff Heidenreich, a former driver for All Care Sweeping brought this action to recover overtime compensation and monies wrongfully deducted from his pay under Federal and Kansas State Laws. Plaintiff drove street sweepers and cleaned parking lots and other facilities for Defendant's customers while employed with Defendant. Defendant claimed that under Federal Law, Plaintiff was exempt under the Motor Carrier Act. The parties entered into a confidential, court-approved settlement agreement on July 20, 2009.

Hefter v. KC Catering, Inc., United States District Court for the District of Kansas, case no.: 08-cv-02276. Court approved settlement.

Our offices, along with the offices of Patrick M. Reavey brought this action on behalf of Uriah Hefter against his employer, KC Catering for back wages and overtime compensation. Mr. Hefter, a former chef for KC Catering, alleged that he and others similarly situated were routinely denied overtime compensation while under KC Catering's employ. On January 20, 2009, the Court approved the confidential settlement agreement reached between the parties.

Lee et al v. CLK Management, L.L.C., et al., United States District Court for the District of Kansas, case no.: 09-cv-2191. Court approved settlement.

Steven Lee, a former collector for CLK Management, L.L.C., brought this action to recover back wages against his employer. The lawsuit, brought by our office and the Grissom Law Office, alleged that CLK failed to properly include commissions and bonuses when calculating his regular rate for determining overtime compensation.

Canterbury, et. al. v. Parsons Constructors, et. al., United States District Court for the Western District of Missouri, case no. 06-4281-cv

Action brought pursuant to the Fair Labor Standards Act along with Donelon, P.C.