Class Actions Brief Blog

Brumfield v. Kindred Healthcare, Inc. is a putative collective action brought under the Fair Labor Standards Act by home health licensed nurses and physical therapist assistants alleging defendants failed to pay them overtime for required work activities beyond the “in-home” visits, including travel time, time spent transporting samples to labs, and time spent delivering medical supplies to patients. Four additional people elected to “opt-in” to the case and join the collective action, including Andrew Tyler, who worked in South Carolina.

Defendant Kindred ...

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

Edwards, et al. v. CSX Corp., et al., No. 7:18-cv-169 (E.D.N.C. September 24, 2018) (purported class action brought by Lumberton residents alleging CSX Corporation negligently maintained an underpass on the railroad’s property which allowed water to pour through gaps in the city’s levees, causing catastrophic flooding and damage to their homes during Hurricane Florence)

Grimes v. Gov’t Emps. Ins. Co. (GEICO), No. 1:18-cv-798 ...

We often report in our monthly digests on cases asserting claims under the federal Fair Labor Standards Act (FLSA) and state wage and hour laws. These cases generally involve claims that a company, often a restaurant or delivery service company, failed to pay overtime, used an improper “tip pool,” or treated workers as independent contractors, not employees. Resolving these cases can become complicated because they involve both a collective action and a class action.

Claims asserted under the FLSA are considered collective actions, not class actions. Collective actions ...