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Collective Action Results

Recovered $640,000 in overtime for 76 GlobalTranz

inside sales employees & business development representatives

Bush, et al. v. GlobalTranz Enterprises, Inc. 

Federal District Court for the District of Arizona, No. 2:15-cv-536-DJH

The Bendau Law Firm PLLC represented a group of 76 current and former sales representatives and freight brokers in a collective action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq.  The First Amended Complaint alleged that GlobalTranz Enterprises, Inc. failed to pay overtime to its Logistics Specialists and Carrier Representatives, who Plaintiffs alleged GlobalTranz misclassified as exempt from overtime under the FLSA.

The case was resolved on a collective basis in December 2016 for $640,000.00, and the court approved the settlement in March 2017.

Recovered $150,000 in minimum wage lawsuit for 140 Winking Lizard servers & bartenders for allegations of excessive side work

Cooper, et al. v. Winking Lizard, Inc., et al. 

Federal District Court for the Northern District of Ohio, No. 1:16-cv-1513-DAP

The Bendau Law Firm PLLC represented a group of 140 current and former servers and bartenders in a collective action under the FLSA.  The First Amended Complaint alleged that Winking Lizard failed to pay minimum wage to its servers and bartenders, who Plaintiffs alleged should have been paid the full applicable minimum wage (as opposed to the reduced server rate) for time they spent performing non-tipped labor and other side work.

The case was resolved on a collective basis in September 2017 for $150,000, and the court approved the settlement shortly thereafter.

Recovered $93,000 in overtime lawsuit for 14 America's Best Tire

tire porters & customer service representatives

O'Neal, et al. v. America's Best Tire, et al. 

Federal District Court for the District of Arizona, No. 2:16-cv-00056-DGC

The Bendau Law Firm PLLC, along with the Zoldan Law Group, represented a group of 14 current and former tire porters in a collective action under the FLSA.  The  Complaint alleged that America's Best Tire failed to pay overtime to its tire porters, who Plaintiffs alleged America's Best Tire misclassified as exempt from overtime under the FLSA.

The case was resolved on a collective basis in November 2016.  The court approved the settlement in December 2016, and awarded attorneys' fees in April 2017.  The ultimate amount was $93,361.

Recovered $61,500 for 15 employees alleging minimum wage violations against Moonshine Whiskey Bar, Benjamin Levine, others

Kidner, et al. v. Moonshine Group LLC, et al. 

Federal District Court for the District of Arizona, No. 2:14-cv-02362-SMM

While technically not a collective action, it's here because we recovered for 15 joined plaintiffs.  The Bendau Law Firm PLLC, represented a group of 15 former servers, bartenders, cooks, and other employees who alleged unpaid minimum and overtime wages under the FLSA.

The case was resolved in June 2017 for $61,500, and the court approved the settlement in October 2017. 

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