CLASS ACTIONS
CLASS ACTIONS currently handled by the Marcarian Law Firm include:
On December 11, 2006, we filed a lawsuit against Deloitte &
Touche LLP and Deloitte Tax LLP (D&T), on behalf of a former tax
associate/ tax senior and all others similarly situated - in other words, a
CLASS ACTION lawsuit. The lawsuit challenges D&T's practice of forcing some
of its "salaried" employees (TAX ASSOCIATES and TAX SENIORS in D&T's Lead Tax Services group) to work in excess of 8 hours per day or 40 hours per week without
overtime compensation. The suit alleges that D&T improperly classified its Tax Associates and Tax Seniors as "exempt" employees
in order to avoid paying statutory overtime. Per
California's Industrial Welfare Commission, Wage Order No. 4-2001, "Professional, Technical, Clerical,
Mechanical and Similar Occupations" (Wage Order), employees who do not function primarily in an administrative, executive or
professional capacity (as those terms are defined by the Wage Order) are NOT EXEMPT and MUST BE PAID for any OVERTIME worked. This federal lawsuit is
ongoing as the United States Court of Appeals for the Ninth Circuit considers several dispositive issues.
On November 4, 2008, we filed a second class action lawsuit against D&T on behalf of TAX ASSOCIATES and TAX SENIORS
employed by D&T's Multistate Tax Services group. Like the first lawsuit, this Calfornia state court action alleges that D&T improperly classified its Tax Associates and Tax Seniors as "exempt" employees
in order to avoid paying statutory overtime.
In August 2007 we filed a class action lawsuit against CVS/Pharmacy, the retail division of CVS Caremark Corporation,
which is the largest retail pharmacy in America, and Sav-On Drug Stores on behalf of their former and current pharmacy clerks and pharmacy technicians employed in California. According to the lawsuit,
the defendants failed to provide plaintiffs with rest breaks and
meal breaks as mandated by California labor laws.
California law requires every employer to authorize and permit all employees to take rest breaks, which insofar as practicable must be in the middle of
each work period. The authorized rest period time is based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or
major fraction thereof.
Generally, California law requires that employees receive a 30 minute meal break if they work in excess of five hours in a day. The employee must be relieved
of all duties during the meal break. If an employer fails to provide its employees with a duty-free meal break, the employee can recover one hour of pay at his or
her regular hourly rate of compensation for each day that he or she was not provided a duty-free meal break.
On February 13, 2008, we filed a class action lawsuit on behalf of all current and former pharmacists employed by Safeway, Inc. and
one of its subsidiary companies, the Vons Company, in California. The lawsuit alleges multiple violations of the California labor laws by these defendants in that they failed to provide
their pharmacists with meal breaks.
Generally, California law requires that employees receive a 30 minute meal break
if they work in excess of five hours in a day. The employee must be relieved of all duties during the meal break. If an employer fails to provide its employees a meal break, the employee can recover one hour of pay at his or her
regular hourly rate of compensation for each day that he or she was not provided a meal break.
On June 18, 2008, we filed a similar class action lawsuit on behalf of all current and former pharmacists employed by the Kroger Company and one of its subsidiary
companies, the Ralphs Grocery Company, in California. The lawsuit alleges multiple violations of the California labor laws by these defendants in that they failed to provide
their pharmacists with meal breaks and rest breaks.
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