Wolf Haldenstein is a leader in the field of class action litigation on behalf of employees who have not been paid overtime or other compensation they are entitled to receive, or have had improper deductions taken from their compensation. The firm has often served as lead counsel in matters asserting claims for violations of the federal Fair Labor Standards Act (“FLSA”) and/or state labor laws, such as allegations of improper failure to pay overtime and other wages, improper deductions from compensation for or failure to reimburse company or business expenses, misclassification of employees as independent contractors, or failure to comply with required lay-off warning statutes.
In Finnan v. L.F. Rothschild & Co., 726 F.Supp., 460 (SDNY 1989), the firm was lead counsel in the first certified class action under the Federal Plant Closing laws (the WARN Act) and recovered $3.5 million for illegally discharged brokerage house employees. In addition, in Moran v. Sears, Roebuck & Co. (Allstate), (Super. Ct., Alameda Cty, Calif., 1988) (J.C.C.P. No. 2984, 2985), a class action in California, the firm served as one of four counsel in recovering over $30 million for Allstate Insurance Agents under California employee expense reimbursement statutes. More recently, also in California, in Garcia v. Lowe’s Home Centers, Inc., Case No. GIC 841120 (Super. Ct., San Diego Cty, Calif., 2007), the firm served as lead counsel and achieved a settlement of $1.65 million for Lowe’s delivery drivers who alleged improper classification as independent contractors.
In recent years that firm has taken a lead role in some of the largest nationwide FLSA and state law overtime and wrongful wage deduction cases. For instance, LaVoice v. CGMI, Case No. C07-801 CW (N.D. Cal.), was a class action on behalf of Smith Barney brokers where the firm served as co-lead counsel in 2008 for a nationwide settlement of over $106 million. Steinberg v. Morgan Stanley, Case No. 06-cv-2628 (BEN) (S.D. Cal.), wassettled nationwide in 2009 for $50 million for Morgan Stanley brokers on similar allegations. Weinstein v. MetLife, Inc., 06-04444-SI (N.D. Cal.), settled in 2009 for $7.4 million for a California class of insurance brokers. In re Wachovia Securities, LLC Wage and Hour Litigation, MDL No. 1807, pending in the Central District of California, settled nationwide in 2009 as two separate matters, one involving Wachovia and other entities it had acquired, the other involving Prudential only for the time prior to its acquisition by Wachovia, for a total of $50 million for stockbrokers.
Wolf Haldenstein is currently lead or co-lead counsel, or other similar lead role, in some of the most significant overtime class actions pending in the United States, including Palumbo v. Merrill Lynch, 06-2104 (E.D.N.Y.), Garrison v. Merrill Lynch, 06-3553 (D.N.J.), and Klein v. Ryan Beck, 06-03460 (S.D.N.Y.).
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