Collective/Class Actions

Adkins vs. Phoenix Rising

What is this case about?: On May 11, 2015, Natalie Adkins started this lawsuit against Phoenix Rising Behavioral Healthcare & Recovery Inc. on behalf of herself and  other hourly employees who were not paid overtime compensation after working more than forty (40) hours per week.

The lawsuit claims that Ms. Adkins and other the Phoenix Rising Behavioral Healthcare & Recovery Inc. employees were improperly denied overtime compensation. This lawsuit seeks liquidated damages in an amount equal to the alleged unpaid wages, including overtime, and attorneys’ fees and costs.

Phoenix Rising Behavioral Healthcare & Recovery Inc. denies the allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act. The Court has not yet decided who will win the lawsuit.

How do I get involved? You can join this action by downloading a “Consent to Join Form” and returning it to Plaintiff’s counsel by mail at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718, by email in a PDF document to hans@ohlaborlaw.com or by fax to ATTN: Hans A. Nilges at 330-754-1430.

Boyd et al. vs. Schwebel Baking Company

What is this case about?: On May 3, 2015, Raymond Boyd and Terry Vuklich started this lawsuit against Schwebel Baking Company on behalf of themselves and  other hourly employees who were not paid overtime compensation after working more than forty (40) hours per week.

The lawsuit claims that Mr. Boyd, Mr. Vukich and other the Schwebel Baking Company employees were improperly denied overtime compensation. This lawsuit seeks liquidated damages in an amount equal to the alleged unpaid wages, including overtime, and attorneys’ fees and costs.

The Schwebel Baking Company denies the allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act. The Court has not yet decided who will win the lawsuit.

How do I get involved? You can join this action by downloading a “Consent to Join Form” and returning it to Plaintiff’s counsel by mail at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718, by email in a PDF document to hans@ohlaborlaw.com or by fax to ATTN: Hans A. Nilges at 330-754-1430.

Hannah v. H.A.D, Inc.

What is this case about? On March 14, 2015, Jeremy Hannah started this lawsuit against H.A.D., Inc. on behalf of himself and other non-exempt employees (e.g., drillers, rig-hands, tool pushers, derrickhands, floorhands etc.) who were paid on a day-rate basis and who were denied overtime pay.  The lawsuit claims that Mr. Hannah and other H.A.D., Inc. non-exempt employees were improperly denied overtime compensation.  This lawsuit also seeks liquidated damages in an amount equal to the alleged unpaid wages, including overtime, and attorneys’ fees and costs.

H.A.D., Inc. denies Mr. Hannah’s allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act.  The Court has not yet decided who will win the lawsuit.

How do I get involved? You may join this lawsuit if you were a non-exempt employee (e.g., driller, rig-hand, tool pusher, derrickhand, floorhand etc.) and were paid on a day rate basis and not paid an additional amount for overtime work.  If so, you can join this action by downloading a “Consent to Join Form” and returning it to Plaintiff’s counsel by mail at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718, by email in a PDF document to hans@ohlaborlaw.com or by fax to ATTN: Hans A. Nilges at 330-754-1430.

Lackie vs. U.S. Well Services, LLC

What is this case about? On February, 23, 2015, Jeff Lackie started this lawsuit against U.S. Well Services, LLC. on behalf of himself and other hourly employees who were not paid overtime compensation at the correct overtime rate.  This lawsuit seeks liquidated damages in an amount equal to the alleged unpaid wages, including overtime, and attorneys’ fees and costs.

U.S. Well Services denies Mr. Lackie’s allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act. The Court has not yet decided who will win the lawsuit.

How do I get involved? Generally, all hourly employees who received a safety or attendance bonus are part of the class.  If you meet this definition, you can join this action by downloading a “Consent to Join Form” and returning it to Plaintiff’s counsel by mail at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718, by email in a PDF document to hans@ohlaborlaw.com or by fax to ATTN: Hans Nilges at 330-754-1430.

Maddox et al. v. The Village of Lincoln Heights et al.

What is this case about? Plaintiffs brought this case in the Ohio Supreme Court on behalf of themselves and all other non-full time current and former Village employees who were employed at any time within the last ten years to recover certain payments and benefits owed to them by the Village of Lincoln Heights. Specifically, Plaintiffs seek to recover unpaid sick time, holiday pay, medical benefits and other fringe benefits.

The Village of Lincoln Heights denies the Plaintiffs’ allegations. The Court has not yet decided who will win the lawsuit.

Mulloy et al. v. Cuyahoga County

What is this case about? On November 11, 2014, James Mulloy, James McClary and Anthony Church started a lawsuit against Cuyahoga County on behalf of themselves and other hourly employees who worked for the Cuyahoga County Sheriff’s Department.  The lawsuit claims those Plaintiffs and other Cuyahoga County Sheriff’s Department hourly employees: (1) were paid at the wrong overtime rate; (2) lost compensatory time for which they were not paid; and/or (3) were not paid all of their overtime and/or were paid their overtime late.

Cuyahoga County denies the Plaintiff’s allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act.  The Court has not yet decided who will win the lawsuit.

Ransom v. Bernie Moreno Companies

What is this case about?:  On July 24, 2015, Norman Ransom started this lawsuit against Bernie Moreno Companies on behalf of himself and others who are similarly situated.  The lawsuit claims that Mr. Ransom was not paid at the proper overtime rate for hours worked in excess of forty (40) in a workweek.  In addition to unpaid overtime compensation, this lawsuit also seeks to recover liquidated damages in an amount equal to the alleged unpaid overtime and attorneys’ fees and costs.

Bernie Moreno Companies denies Mr. Ransom’s allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act. The Court has not yet decided who will win the lawsuit.

Am I part of the classes? Mr. Ransom seeks to sue on behalf of himself as well as all other workers who:  were employed by Defendant Bernie Moreno Companies as a non-exempt employee; received an auto-allowance bonus; and, worked more than forty (40) hours in a single workweek.  This auto-allowance bonus was not taken into account when determining the proper overtime rate, which resulted in Bernie Moreno Companies’ employees being underpaid overtime.

How do I get involved? You may join this lawsuit only if you meet the class definition above.  If so, you can join this action by mailing your completed and signed “Consent to Join Form” in the self-addressed stamped envelope provided or by otherwise sending the “Consent to Join Form” to Plaintiff’s counsel at Nilges Draher LLC, 4580 Stephen Circle, N.W., Suite 201, Canton, Ohio 44718.

You can also email the “Consent to Join Form” in a PDF document to Plaintiffs’ counsel at hans@ohlaborlaw.com or fax the “Consent to Join Form” to Hans Nilges at 330-754-1430.

If you file a “Consent to Join Form,” your continued right to participate in the lawsuit may depend upon later decisions by the Court concerning the appropriateness of a collective action treatment and whether you are “similarly situated” to Mr. Ransom and other participants and other matters.

What about retaliation? If you join this lawsuit, federal law prohibits Bernie Moreno Companies from retaliating against you as a result of your participation.

Do I have to pay anything? You will not be required to pay any of your legal fees unless Plaintiff is successful in this action. Plaintiffs’ attorneys are being paid on a contingency fee basis, which means that, if there is a recovery, the attorneys will receive a percentage of any recovery obtained on your behalf or may seek to obtain a Court Order under which they may receive a fee through a separate payment by Bernie Moreno Companies.

Twiddy et al. v. Alfred Nickles Bakery, Inc.

What is this case about? On September 15, 2014, Jeff Twiddy, Sr. started this lawsuit against Nickles Bakery on behalf of himself and other Route Sales truck drivers who have spent any part of a workweek since January 12, 2012, driving a vehicle that weighed 10,000 pounds or less.  The lawsuit claims that Mr. Twiddy and other Nickles Bakery Route Sales truck drivers were improperly classified as exempt from the Fair Labor Standards Act’s (“FLSA”) requirement to pay workers a rate equal to one and one half times their regular rate for each hour worked in excess of forty (40) in a workweek.  In addition to unpaid overtime compensation, this lawsuit also seeks liquidated damages in an amount equal to the alleged unpaid overtime and attorneys’ fees and costs.

Nickles Bakery denies Mr. Twiddy’s allegations and asserts that it properly paid its employees consistent with its requirements under the Fair Labor Standards Act.  The Court has not yet decided who will win the lawsuit.