Court: Airline’s workers can’t sue as class in pay dispute
Legal Compliance News
American Airlines workers at Newark’s airport who claim in a lawsuit they’ve been shorted on overtime pay can’t sue as a class, a federal appeals court ruled this week.
The three-judge panel’s decision published Tuesday reversed a New Jersey judge’s ruling that would have allowed the lawsuit to go forward and include all non-exempt hourly workers employed at Newark Liberty International Airport since April 2014.
Several employees, including mechanics and workers responsible for tasks such as cargo handling, filed the suit in 2016 and said American’s timekeeping system automatically paid employees based on their schedules rather than on the hours they actually worked.
They also alleged managers regularly refused to authorize overtime pay for work performed before and after scheduled shifts and during scheduled 30-minute lunch breaks. The lawsuit sought back pay as well as punitive damages. American denied the allegations.
The appeals court sided with the airline, which argued that while the timekeeping system applied to all employees, it would be wrong to group all employees into a class because it would have to be determined on a case-by-case basis which employees worked overtime.
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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.