Apr 9, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Lawsuit Filed Against Asset Plus Corporation For Their Alleged Refusal to Refund Campus Housing-Related Monies
Kehoe Law Firm, P.C. is making consumers aware that on April 7, 2020, a class action lawsuit was filed against Asset Plus Corporation (“Asset Plus”) in United States District Court, Northern District of Florida, “on behalf of all people who paid the costs of room and board and/or attendant service fees for the Spring 2020 academic semester at private dormitories throughout the State of Florida, each managed by Defendant Asset Plus Corporation.”
According to the complaint,
[u]pon the onset of the COVID-19 pandemic, these people lost the benefits of the room and board and/or the services for which they had paid. Defendant [Asset Plus] has responded to the pandemic and the resultant constructive eviction of its tenants by retaining the unearned costs and fees, implementing a policy whereby it refuses to grant any refunds to its leaseholders.
In or around March 2020, Florida colleges and universities announced that, because of the global COVID-19 pandemic, all classes would be moved online for the remainder of the Spring 2020 semester. Students who lived in on-campus housing were told they had to move out or were strongly encouraged to do so, such that they had no meaningful choice but to comply. Further, because all classes were moved online, there was no reason for students to remain near campus if they had other housing available to them. This is particularly so in the face of the dangers, risks, and fear associated with the pandemic. Many students chose to leave campus to be with their families, or to avoid exposure to COVID-19, and they have stayed off campus to comply with directives from the schools, as well as local, state and federal governments. In addition, the services that their fees were intended to cover are no longer available to them. [Emphasis added.]
The complaint alleges that “[d]espite the constructive eviction of students at the schools for the remainder of the semester and ending all campus activities for at least that same time period, Defendant has refused refunds to students for the unused portion of their room, board, and fees. Defendant [Asset Plus] is, in essence, profiting from [the Coronavirus] pandemic.” [Emphasis added.]
Apr 8, 2020 | Consumer Protection, Employment & Technology Archive
COVID-19 Cyber Scams – Cybersecurity and Infrastructure Security Agency Warns Individuals To Remain Vigilant For Scams Related to The Coronavirus Disease (COVID-19)
Kehoe Law Firm, P.C. is making individuals aware that the Cybersecurity and Infrastructure Security Agency (“CISA”) has warned people to remain vigilant for scams related to the Coronavirus (COVID-19). Cyber actors may send emails with malicious attachments or links to fraudulent websites to trick victims into revealing sensitive information or donating to fraudulent charities or causes.
CISA reminds people to exercise caution in handling any email with a COVID-19-related subject line, attachment, or hyperlink, and be wary of social media pleas, texts, or calls related to COVID-19.
CISA encourages individuals to remain vigilant and take the following precautions:
Source: Cybersecurity and Infrastructure Security Agency – US-cert.gov
Kehoe Law Firm, P.C.
Apr 7, 2020 | Consumer Protection, Employment & Technology Archive
FTC Cautions To Watch For Scammers and Fraudsters Pretending To Be From The Social Security Administration Trying To Obtain Social Security Numbers Or Money
Kehoe Law Firm, P.C. wants people to know that the FTC has advised individuals to watch for scammers pretending to be from the Social Security Administration (“SSA”) in an effort to illegally obtain one’s Social Security number or money.
Importantly, the FTC wants you to know the following:
- Do not trust caller ID. Scam calls may show up on caller ID as the Social Security Administration and look like the agency’s real number, but it’s not the SSA calling.
- Your Social Security number is not about to be suspended, and your bank accounts are not about to be seized.
- DO NOT verify your Social Security number or any other personal information to anyone who calls out of the blue. If you already did, visit IdentityTheft.gov/SSA to find out what steps you can take to protect your credit and your identity.
- SSA will never call to threaten your benefits or tell you to wire money, send cash, or put money on gift cards. Anyone who tells you to do those things is a scammer.
- Talk about it with friends and family. If you’re getting these calls, chances are your friends and family also are getting called.
- People who know about scams are much less likely to fall for them. Thus, by discussing them, you are helping protect people you care for and people in your community.
Click video for more information on Social Security scams.
Source: Federal Trade Commission – FTC.gov
Apr 7, 2020 | Consumer Protection, Employment & Technology Archive
Collective Action Complaint Filed Against Pei Wei Asian Diner, LLC, d/b/a Pei Wei Asian Kitchen, On Behalf Of General Managers Allegedly Misclassified as Exempt From FLSA’s Overtime Provisions
Kehoe Law Firm, P.C. is making employees aware that on April 6, 2020, a collective action complaint was filed in United States District Court, Northern District of Texas, against Pei Wei Asian Diner, LLC, d/b/a Pei Wei Asian Kitchen (“Pei Wei”), on behalf of Plaintiff and other similarly situated current and former General Managers of Pei Wei who, pursuant to the Fair Labor Standards Act (“FLSA”), are, allegedly, entitled to unpaid wages from Defendant Pei Wei for overtime work for which they did not receive overtime premium pay.
Acording to the collective action complaint, Defendant Wei “classified Plaintiff and all other similarly situated current and former General Managers as exempt from the FLSA’s overtime provisions,” and “willfully violated the FLSA by failing to pay Plaintiff and all other similarly situated current and former General Managers overtime wages as required by law during the Collective Period.”
The complaint alleges that “[p]ursuant to Defendant’s policy, pattern, or practice of not paying overtime wages to [Plaintiff] and all other similarly situated current and former General Managers when they worked beyond 40 hours in a workweek, [Plaintiff] and all other similarly situated current and former General Managers regularly performed work without receiving overtime compensation.”
Additionally, it is alleged that “[r]ather than pay Plaintiff and all other similarly situated current and former General Managers one and one-half times their regular hourly rate of pay for all hours worked over forty (40) in a given workweek, Defendant [Pei Wei] misclassified Plaintiff and all other similarly situated current and former General Managers as exempt from overtime pay, and did not compensate them for their overtime hours worked.”
Do You Believe Your Wage and Hour or Overtime Pay Rights Have Been Violated?
If you believe your wage and hour or overtime pay rights have been violated please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your wage and hour or overtime rights have been violated and whether there is a basis for a class action lawsuit.
Kehoe Law Firm, P.C. prosecutes wage and hour class actions on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Apr 6, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Filed On Behalf of Owners of 2010-2015 Prius or Prius PHV, 2012-2015 Prius V, 2012-2014 Camry Hybrid, And 2013-2015 Avalon Hybrid Vehicles
Kehoe Law Firm, P.C. is making consumers aware that on April 3, 2020, a class action lawsuit was filed against Toyota Motor Corporation and Toyota Motor North America, Inc. (collectively, “Toyota”) in United States District Court, Southern District of Ohio, on behalf of owners and/or lessees of 2010–2015 Prius and Prius PHV, the 2012–2015 Prius V, the 2012–2014 Camry Hybrid, and the 2013–2015 Avalon Hybrid.
According to the class action complaint, the “lawsuit arises because Toyota Motor Corporation and its U.S. distributor, Toyota Motor North America, Inc. . . . know that the braking systems in the [aforementioned] vehicles . . . contain a defect that causes systemic braking system failures. Yet Toyota refuses to repair or replace such defective systems until and unless unsuspecting drivers of [the subject vehicles] actually experience a brake failure—which could obviously result in injuries or even deaths that could otherwise be avoided.”
The complaint alleges that
[t]he brake systems in the [2010–2015 Prius and Prius PHV, 2012–2015 Prius V, 2012–2014 Camry Hybrid, and 2013–2015 Avalon Hybrid] are defective because the brake booster pump assembly can—and with unreasonably frequency does—fail to operate as necessary to ensure the brakes engage when the brake pedal is depressed. The defect endangers drivers, passengers, and other persons and property in the vicinity of an Affected Vehicle at any time that it is in motion. The defect thus renders the Affected Vehicles less safe and less valuable than consumers would reasonably expect and it makes them less safe and less valuable than the Affected Vehicles would be if Toyota did not design and sell the [subject vehicles] with the defect. [Emphasis added.]
Apr 6, 2020 | Consumer Protection, Employment & Technology Archive
Class Action Filed Against Marriott International, Inc. and NFNY Hotel Management LLC On Behalf of Individuals Who Have Worked for Defendants as Servers, Waiters, Bartenders, Room Service Attendants, And Other Non-Managerial Service Workers Paid On An Hourly Basis
Kehoe Law Firm, P.C. is making employees aware that on April 3, 2020, a class action lawsuit was filed against Marriott International, Inc. and NFNY Hotel Management LLC in United States District Court, Southern District of New York, “on behalf of individuals who have worked for Defendants as servers, waiters, bartenders, room service attendants, and other non-managerial service workers paid on an hourly basis, and are subject to Defendants’ service fee policies and practices.”
The complaint defines the Class as “[a]ll current and former hourly, non-exempt employees, including but not limited to servers, food servers, beverage servers, in-room dining servers, banquet servers, or other employees with similar job duties employed by [Marriott International and NFNY Hotel Management] Defendants, individually and/or jointly, in New York any time starting six years prior to the filing of the Complaint until resolution of this action.” [Emphasis in original.]
According to the complaint:
This case implicates the [Marriott International and NFNY Hotel Management ] Defendants’ longstanding policies and practices, which fail to properly compensate all non-exempt service workers for service charge payments remitted to them as wages. As a result, throughout the relevant time period, Plaintiff and similarly situated workers are denied payment for all service fees charges to customers that are reasonably perceived to be meant as gratuity payments. [Emphasis added.]
Defendants impose mandatory ‘service charge’ and/or ‘delivery fee’ surcharges . . . on the sale of food and beverages to their customers, but fail to distribute the total proceeds of those service fee surcharges to non-managerial service employees as required by New York law.
The class action “seeks to remedy the sweeping practices Defendants integrated into their gratuity systems and payroll policies that have deprived Plaintiff and Class members of their lawfully earned wages.”
Do You Believe Your Wage and Hour or Overtime Pay Rights Have Been Violated?
If you believe your wage and hour or overtime pay rights have been violated please either contact Kehoe Law Firm, P.C. Partner Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form on the right or send an e-mail to [email protected] for a free, no-obligation case evaluation of your facts to determine whether your wage and hour or overtime rights have been violated and whether there is a basis for a class action lawsuit.
Kehoe Law Firm, P.C. prosecutes wage and hour class actions on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
