Recent Filings – July Digest

View Amanda Pickens’ Complete Bio at robinsonbradshaw.comNot every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of July’s filings:

Prince, et al. v. Perfect Delivery, Inc., et al.; No. 8:17-cv-01950 (D.S.C. July 24, 2017) (purported collective and class action brought by delivery drivers against defendants, which operate Papa John’s franchises in North and South Carolina, alleging defendants used flawed methods to determine reimbursement rates for the drivers who used their own vehicles for delivery, thereby causing their wages to fall below federal minimum wage standards under FLSA.)

Prescott, et al. v. Morgreen Solar Solutions, LLC, et al.; No. 5:17-cv-00365 (E.D.N.C. July 21, 2017) (purported collective and class action brought by employees who allege they were misclassified by defendants as independent contractors and were thereby not properly compensated under federal and state wage and hour laws for time worked including failure to pay minimum wage and overtime compensation.)

Prescott, et al. v. Morgreen Solar Solutions, LLC, et al.; No. 5:17-cv-00365 (E.D.N.C. July 21, 2017) (purported collective and class action brought by employees who allege they were misclassified by defendants as independent contractors and defendants thereby failed to pay minimum wage and overtime compensation for time worked under federal and state wage and hour laws.)

Parshall, et al. v. ASB Bancorp, Inc., et al.; No. 1:17-cv-00194 (W.D.N.C. July 19, 2017) (purported class action brought by shareholders of ASB Bancorp, Inc. against it and its board of directors alleging a false and misleading registration statement was filed regarding a proposed merger with First Bancorp and seeking to enjoin defendants from closing the transaction, or, if consummated, rescinding it or setting it aside.)

Jones, et al. v. Chicago Bridge & Iron Company; No. 3:17-cv-00424 (W.D.N.C. July 18, 2017) (purported collective and class action brought under federal and state wage and hour laws by employees who were assigned to work under the “9/80” pay plan but were allegedly denied overtime compensation and other lawful pay due under that plan.)

Bushansky, et al. Capital Bank Financial Corp., et al.; No. 3:17-cv-00422 (W.D.N.C. July 17, 2017) (one of three putative class action lawsuits brought by shareholders of Capital Bank Financial Corp. under federal securities laws against the Bank and its board of directors alleging defendants failed to disclose material information related to its proposed merger with First Horizon National Corporation and seeking to enjoin the upcoming shareholder vote. The other two cases are: Parshall v. Capital Bank Financial Corp., et al.; No. 3:17-cv-00428 (W.D.N.C. July 19, 2017) and McNamara v. Capital Bank Financial Corp., et al.; No. 3:17-cv-00439 (W.D.N.C. July 25, 2017).)

Rubin, et al. v. ABS Bancorp, Inc.; No. 1:17-cv-00185 (W.D.N.C. July 14, 2017) (putative class action brought by shareholders of ASB Bancorp, Inc. under federal securities laws alleging defendants failed to provide a full disclosure of material information relating to a proposed merger with First Bancorp. and are attempting to enjoin an upcoming shareholder vote.)

Matthews, et al. v. Hyatt Corporation; No. 3:17-cv-00413 (W.D.N.C. July 14, 2017) (purported collective and class action brought by hourly at-home call center employees under federal and state wage and hour laws alleging defendant failed to pay pre-shift, mid-shift and post-shift time the employees spent conducting required tasks for their jobs.)

 

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About Amanda Pickens

Amanda Pickens focuses on complex business disputes and employment law. She has experience enforcing and defending noncompetition and trade secrets disputes and representing employers before administrative agencies such as the Equal Employment Opportunity Commission.