Resolved Class Actions

Boston Market Corporation
Actions on behalf of hourly and managerial food service providers for overtime as well as meal and rest period violations. In addition to a monetary settlement, the company agreed to:

  • Reclassify as "non-exempt" from overtime all general managers.
  • Implement changes to its time keeping and payroll systems so that an employee would be compensated for missed meal periods
  • Conduct training sessions for employees on the right to rest periods, including the distribution of a written notice in Spanish and in English to each such employee.

Mobile Systems Wireless, et al.
Action on behalf of hourly employees engaged in the selling of Cingular Wireless agreements and cellular phones for overtime, meal and rest period violations, and unpaid commissions. The company created a monetary settlement fund for the class and agreed to pay a percentage of future profits beyond the immediate cash fund. The company also agreed to:

  • Conduct training sessions for all employees regarding their right to rest breaks.
  • Restructure their timekeeping system to ensure proper accounting of all employee hours.
  • Restructure its commission program by January 1, 2007 to ensure that employees are paid commissions as required by law and contract.

Harry Singh & Sons Farming Limited Partnership, et
Migrant farm workers claimed that they were denied overtime pay and meal and rest periods. A monetary settlement fund was created for the class and the company also agreed to:

  • Provide further and regular training to supervisors, foremen, and assistant foremen regarding meal and rest period requirements as well as time-keeping requirements.
  • Provide training for management and employees regarding heat safety issues, including the dangers of sun overexposure and dehydration.

Ecology Auto Parts, Inc. et al.
This action was on behalf of all store clerks, security guards, and yard workers. In addition to a monetary settlement fund, the company agreed to:

  • Provide further training in Spanish to supervisors, foremen, and non-exempt workers on providing full and uninterrupted rest breaks.
  • Ensure that policies and procedures regarding employee rights and benefits under Company, State, and Federal requirements are translated into Spanish.
  • Ensure that workers have sufficient water and disposable cups available for purposes of hydration.
  • Ensure that the outside toilets are maintained in a clean and healthful manner.

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