Recent Filings – August Digest

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of August’s filings:

Kirkpatrick v. Cardinal Ally, Inc., No. 1:16-cv-01088 (M.D.N.C. August 28, 2016) (collective action and class action asserted under FLSA and state wage and hour laws alleging defendant managed healthcare organization misclassified care coordinators as exempt employees).

Ailsworth v. Harbor Inn Richland, Inc., et. al., No. 3:16-cv-02946 (D.S.C. August 26, 2016) (purported collective action and class action brought under FLSA and state wage and hour laws for an improper tip pool).

Allen v. SSC Lexington Operating Co. LLC, No. 1:16-cv-01080 (M.D.N.C. August 24, 2016) (purported collective action and class action brought under FLSA and state wage and hour laws alleging defendant nursing home operator failed to pay staff members for work performed off-the-clock).

Bennett v. Lumber Liquidators, Inc., No. 1:16-cv-00281 (W.D.N.C. August 19, 2016) (California putative class action transferred to the W.D.N.C. alleging defendant hardwood flooring and laminate retailer sold defective flooring under its “Dream Home” brand).

Gibson, et. al. v. Confie Ins. Grp. Holdings, Inc., et. al., No. 2:16-cv-02872 (D.S.C. August 18, 2016) (putative class action brought by customers purchasing roadside assistance car insurance policies against insurance companies alleging violations of the Truth in Lending Act, RICO, and other state laws).

Turner v. BFI Waste Servs., LLC et. al., No. 2:16-cv-02864 (D.S.C. August 17, 2016) (in addition to Brown, this is the second purported collective action and class action brought under FLSA and state wage and hour laws alleging defendant Republic Services failed to pay overtime to waste disposal drivers).

Rosbottom v. Experian Info. Solutions, Inc., No. 0:16-cv-02832 (D.S.C. August 15, 2016) (consumer class action brought under the Fair Credit Reporting Act against Experian for reporting South Carolina tax liens that allegedly have been expunged or satisfied).

Adams, et. al. v. Sitel Operating Corp., No. 1:16-cv-01051 (M.D.N.C. August 12, 2016) (collective action and class action brought under FLSA and state wage and hour laws alleging defendant failed to pay call center employees for all pre-shift and post-shift work).

Fitzhenry v. Woodforest Nat’l Bank, N.A., No. 3:16-cv-02809 (D.S.C. August 11, 2016) (alleging violations of the Telephone Consumer Protection Act based on autodialed collection calls sent without plaintiffs’ consent).

Brown v. Republic Servs. of South Carolina, LLC, No. 2:16-cv-02804 (D.S.C. August 11, 2016) (purported collective action and class action arising under FLSA and state wage and hour laws alleging defendant failed to pay overtime to waste disposal drivers).

Clark, et. al. v. Duke Univ., et. al., No. 1:16-cv-01044 (M.D.N.C. August 10, 2016) (putative class action brought under ERISA alleging defendants breached their fiduciary duties by mismanaging the Duke University Faculty and Staff Retirement Plan).

Chavez v. T&B Mgmt., LLC, et. al., No. 1:16-cv-1019 (M.D.N.C. August 1, 2016) (collective and class action brought under FLSA and the North Carolina Wage and Hour Act by restaurant servers for failure to pay minimum wage for non-tip-generating work such as maintenance, cleaning, and rolling silverware).