Class
Actions
Copyright KEPC 2012
215-750-3134
Kolman Ely P.C.
Since 1991
David J. Cohen, Esquire
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Class Actions
Employment Cases
8/80 Overtime Averaging
Many healthcare and nursing home workers are assigned to an “8/80” system where they earn overtime pay for working more than 8 hours in a day or more than 80 hours in a two-week pay period. This system violates a legal requirement in many states that overtime wages must be calculated on a 7-day “workweek” basis. Kolman Ely attorneys have been instrumental in developing this theory and recovering unpaid overtime wages for thousands of employees paid on an “8/80” system.
Breach of Employment Contract or Franchise Agreement
Employers and franchisors often try to cheat their partners out of the benefit of their bargain. Whether the underlying claim is based on a failure to make required payments, provide promised opportunities, or the deprivation of a business opportunity, Kolman Ely attorneys have the ability to understand and manage even the most complicated cases.
Donning and Doffing
Despite obvious rules requiring employers to pay for the donning and doffing of required protective gear and related activities, many employers still do not pay their employees for the time spent in these activities. Kolman Ely attorneys understand the strategies employers use to avoid paying for required work activities and how to hold them responsible for donning and doffing claims.
Employee Misclassification
Many companies treat their employees as independent contractors or assign them to overtime-exempt status to avoid providing required wages, benefits or reimbursements. Often, employees do not even understand how they are “classified” or whether they are entitled to certain benefits. Kolman Ely attorneys are familiar with the tests for determining employees’ work status and know how to hold employers responsible for failing to provide necessary benefits.
Meal Break Work
Not all employers promise a meal break, but those who do often assume that employees take a full meal break every day and automatically deduct the wages owed for meal break work from employees’ paychecks. In many cases, since employees are often encouraged or allowed to work during their meal breaks, this system winds up cheating workers out of substantial overtime pay. Kolman Ely attorneys have represented thousands of employees in meal break claims, understand the issues presented by these claims and know how to get employees paid for meal break work.
Pre-Shift Work or Post-Shift Work
Virtually every employer promises to pay its employees for all hours worked, but how many actually do? Despite the invention of electronic and computerized timekeeping systems, many employers still use written “sign-in “ sheets to record time and instruct their employees only to submit their shift times or their “authorized” hours for payment. The law requires employers to accurately track and pay employees for their actual hours. Kolman Ely attorneys have represented thousands of employees in cases to recover unpaid wages, are familiar with the issues presented by these claims and know how to put an end to unfair timekeeping practices.
Uniform Maintenance Work
Do you have to wear a specific uniform to work, or use specific equipment in your work? Do you have to maintain that uniform or equipment to certain standards on your own time? If so, you may be entitled to compensation for the time you spend on these activities. Kolman Ely attorneys are at the forefront of this developing theory and are actively pursuing the recovery of uniform maintenance wages for thousands of employees.
Consumer Cases
Defective Product / Warranty Claims
Consumer and warranty laws provide a range of remedies to consumers who have bought products for personal or household use that wind up not working as expected. From the smallest toy or device to the largest SUV, consumers have remedies to protect them from design defects and deceptive warranties. While these laws can vary from state to state, Kolman Ely attorneys know how to evaluate and present these claims, and have brought relief to thousands of consumers nationwide.
Fraud, Misrepresentation or Omission
In today’s competitive marketplace, many companies try to gain an edge by making false promises or hiding the truth about their products – and consumers usually wind up paying the price. If you have bought a product or service that wound up being worth less than you expected, we know how to fight for your rights. Kolman Ely attorneys have litigated consumer cases against some of the largest companies around and have won relief for thousands of consumers nationwide. If you’ve been cheated, we know how to make things right.
Representative Cases
Employment:
Alexander v. KRA Corp. (E.D. Pa.)
Attanasio v. Community Health System (E.D. Pa.)
Boice v. SEPTA (Pa. St. Ct.)
Crick v. Shire Pharmaceuticals (E.D. Pa.)
Dinkel v. MedStar Health, Inc. (D. D.C.)
Dorofy v. American International Group, Inc. (D. N.J.)
El v. SEPTA (E.D. Pa.)
Glatts v. Crozer-Keystone Health System (Pa. St. Ct.)
Glover v. Temple University Health System (Pa. St. Ct.)
Goldstein v. The Children’s Hospital of Philadelphia (E.D. Pa.)
Haber v. West Penn Allegheny Health System, Inc. (Pa. St. Ct.)
Hall v. Guardsmark, LLC (W.D. Pa.)
Heiser v. SEPTA (Pa. St. Ct.)
Holley v. Erickson Living (E.D. Pa.)
Holt v. SEPTA (Pa. St. Ct.)
Huntley v. Pittsburgh Mercy Health System, Inc. (Pa. St. Ct.)
Jones v. The Judge Group, Inc. (E.D. Pa.)
Kuscavage v. HCR ManorCare (E.D. Pa.)
Marrero v. KRA Corp. (E.D. Pa.)
Myers v. Jani-King of Phila., Inc. (E.D. Pa.)
Meyers v. Shriners Hospitals for Children (E.D. Pa.)
Outlaw v. Secure Health, L.P. (E.D. Pa.)
Robinson v. RCN Telecom Services, Inc. (E.D. Pa.)
Schwarz v. Victory Security Agency, Inc. (W.D. Pa.)
Schwarz v. Victory Security Agency, L.P. (W.D. Pa.)
Sherman v. American Eagle Express, Inc. (E.D. Pa.)
Turner v. Mercy Health System (Pa. St. Ct.)
Vanston v. Maxis Health System (Pa. St. Ct.)
Williams v. Securitas Security Services USA, Inc. (E.D. Pa.)
Wilson v. University of Pittsburgh Medical Center (Pa. St. Ct.)
Consumer/Products:
Baycol Products Liability Litigation (D. Minn)
In re Bayer Corp. Combination Aspirin Prod. Marketing/Sales Practices Litig. (E.D.N.Y)
Bridgestone / Firestone Tire Recall Litigation (Pa. St. Ct.)
Celebrex Consumer Litigation (State and Federal Courts)
Chapman v. Jackson-Hewitt, Inc. (D.N.J.)
Chrysler Airbag Defect Litigation (Pa. St. Ct.)
Cirulli v. Hyundai Motor America, Inc. (C.D. Ca.)
Compaq Computer Litigation (S.D. Tex.)
Deluhery v. Unifiednames, Inc. (D.N.J.)
Diamond v. TicketMaster Entertainment, Inc. (C.D. Cal.)
Employers Mutual Casualty Co. v. Cephalon (E.D. Pa.)
Fabian v. Fulmer Helmets, Inc. (W.D. Tenn.)
Ford Transmission Defect Litigation (E.D. Pa.)
Galiano v. Fidelity National Title Ins. Co. (E.D.N.Y.)
GM Advertising Litigation (D. Minn.)
Hale v. Stryker Orthopaedics Corp. (D.N.J.)
In re: Certainteed Corp. Roofing Shingle Products Liability Litigation (E.D. Pa.)
Lupron Marketing and Sales Practices Litigation (D. Mass.)
Mickens v. Ford Motor Co. (D.N.J.)
Paoli Railroad Yard PCB Litigation (E.D. Pa.)
Pharmaceutical Industry Average Wholesale Price Litigation (D. Mass.)
Plumbers and Pipefitters Local 572 Health and Welfare Fund v. Biovail Corp. (E.D. Pa.)
Polk v. Schering-Plough Corp. (D.N.J.)
Skin Cap Products Liability Litigation (S.D. Fla.)
Synthroid Marketing Litigation (D. Ill.)
Viagra Insurance Coverage Litigation (M.D. Fla. and E.D. N.Y.)
Vioxx Consumer Litigation (State and Federal Courts)
Water Heater Products Liability Litigation (E.D. Mo.)
Zyprexa Payer Litigation (E.D. N.Y.)
Miscellaneous:
DeMar Group v. Compass Group USA, Inc. (D.N.J.)
European Insurance Holocaust Litigation (S.D. N.Y.)
Holocaust Slave Labor Litigation (E.D. N.Y.)
Holocaust Swiss Bank Litigation (E.D. N.Y.)
United States of America ex rel. Kite v. Bessler Consulting (D.N.J.)
Investigations
The Children’s Hospital of Philadelphia
Kolman Ely represents a former CHOP employee who alleges that CHOP failed to pay her all wages owed for pre-shift, post-shift, meal break and uniform maintenance work she performed. We are interested in speaking with anyone who has worked as an hourly-paid employee in any CHOP facility since December 20, 2007 and believes they were not paid all of the wages they were owed.
Comcast Corporation
Kolman Ely represents two former Comcast employees who allege that Comcast failed to pay overtime wages to its outbound telemarketing and sales representatives. We are interested in speaking with anyone who has worked as an outbound telemarketing or sales representative, or in any similar position, for Comcast since December 5, 2008 and who believes they were not paid all of the overtime wages they were owed.
Guardsmark, LLC
Kolman Ely represents two former Guardsmark security officers from Pennsylvania who allege that Guardsmark failed to pay them all wages owed for pre-shift, post-shift and uniform maintenance work they performed. We are interested in speaking with anyone who has worked as a security officer for Guardsmark in any state during the past three years and who believes they were not paid all of the wages they were owed.
Judge Technical Services, Inc. / The Judge Group, Inc.
Kolman Ely represents a former Judge project manager who alleges that Judge failed to pay overtime wages to its employees. We are interested in speaking with anyone who has worked as any hourly-paid position for Judge since December 16, 2008 who believes they were not paid all of the overtime wages they were owed.
MedStar Health, Inc.
Kolman Ely represents ten current MedStar employees who alleges that MedStar failed to pay them all wages owed for meal break and uniform maintenance work they performed. We are interested in speaking with anyone who has worked as an hourly-paid employee in any MedStar facility since May 26, 2008 and who believes they were not paid all of the wages they were owed.
Secure Health, L.P.
Kolman Ely represents a former Secure Health employee who alleges that Secure Health failed to pay her all wages owed for pre-shift, meal break and uniform maintenance work she performed. We are interested in speaking with anyone who has worked as an hourly-paid employee in any Secure Health facility since March 14, 2008 and who believes they were not paid all of the wages they were owed.
Securitas Security Services USA, Inc.
Kolman Ely represents three former Securitas guards from Pennsylvania who allege that Securitas failed to pay them all wages owed for pre-shift, post-shift, training and uniform maintenance work they performed. We are interested in speaking with anyone who has worked as a guard for Securitas in any state during the past three years and who believes they were not paid all of the wages they were owed.
Shire US, Inc.
Kolman Ely represents a former Shire employee who alleges that Shire misclassified its pharmaceutical sales representatives as exempt from overtime pay requirements and failed to pay them for overtime work they performed. We are interested in speaking with anyone who has worked as pharmaceutical sales representative, or in any similar position, for Shire since March 2, 2008 and who believes they were not paid all of the overtime wages they were owed.
Victory Security Agency, Inc.
Kolman Ely represents two former Victory Security Agency guards from Pennsylvania who allege that Victory failed to pay them all wages owed for pre-shift and post-shift work they performed. We are interested in speaking with anyone who has worked as a security guard for Victory in any state during the past three years and who believes they were not paid all of the wages they were owed.
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