Wage and Hour Attorneys

Weinhaus & Potashnick is dedicated to fighting for employees’ rights, including minimum wage and overtime pay violations by large employers. Our attorneys have 70 years of combined experience. We possess a record of success and a dedicated work ethic. We are easily accessible and responsive to our clients. With our network of employee-friendly attorneys, we can litigate anywhere in the continental United States with no additional cost to you. Large companies and law firms do not intimidate us. Contingent fees are available.

We represent employees in claims for unpaid minimum wages and overtime. Federal and state law guarantees you the right to fair wages. Unfortunately, employers too often disregard their legal duty to provide you the compensation you deserve. That is when we roll up our sleeves and go to work for you!

Using our strategic alliances with other “employee friendly” law firms, we are ready and willing to undertake large and complex class action litigation on a contingent fee basis anywhere in the continental United States. At the same time, we are accessible to our clients. Feel free to call Mark Potashnick at (314) 997-9150 for a free telephone consultation.

Our Successes Include:

  • Recovered unreimbursed vehicle expenses for class totaling nearly 19,000 pizza delivery drivers (pending court approval). The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Perrin v. Papa John’s Int’l., Inc., Case No. 09-CV-1135-AGF (E.D. Mo. 2016).
  • Recovered unreimbursed job expenses for class totaling over 6,000 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Smith v. Pizza Hut, Inc., Case No. 1:09-CV-01632-CMA-BNB (D. Colo. 2015).
  • Recovered over $3.2 Million worth of disability benefits withheld as a result of disability insurance plan denying benefits without medical evidence of recovery from disability, denying benefits based on same evidence known to insurer at time of prior claim approval, and disregarding its own physician’s diagnoses. Doe v. Cigna (2015).
  • Recovered over $350,000.00 worth of disability benefits withheld as a result of disability insurance plan denying benefits without medical evidence of recovery from disability, denying benefits based on same evidence known to insurer at time of prior claim approval, and disregarding its own physician’s diagnosis. Doe v. Lincoln Financial Corp. (2014).
  • Recovered unreimbursed job expenses for class totaling over 440 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Jackson v. MUY Pizza, LLC,  et al. d/b/a “Pizza Hut,” Case No. SA-13-CA-849 (W.D. Tex. 2014).
  • Recovered unreimbursed job expenses for class totaling over 500 pizza delivery drivers (pending court approval). The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Gassell v. American Pizza Partners, L.P. d/b/a “Pizza Hut,” Case No. 14-cv-00291-PAB (D. Colo 2015).
  • Recovered unreimbursed job expenses for class totaling over 290 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Cockrill v. La Raza Pizza, Inc., d/b/a “Pizza Hut,” 1:14-cv-670 (S.D. Ind. 2015).
  • Recovered tips and unreimbursed job expenses for class totaling over 11,000 pizza delivery drivers and pizza shop workers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Bodon v. Domino’s, LLC, 1:09-CV-2941-SLT-RLM (E.D.N.Y. 2015).
  • Recovered unreimbursed job expenses for class totaling over 165 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Stubrud v. Daland Corp., 2:14-cv-02252-JWL-KGS (D. Kan. 2015).
  • Recovered unreimbursed job expenses for class totaling 420 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Heuberger v. Bajco, LLC, et al. d/b/a “Pizza Hut,” Case No. 1:14-cv-01472-TWP-TAB (S.D. Ind. 2015).
  • Recovered unpaid wages for a class of over 100 inside salespersons. Rikard v. U.S. Auto Protection, et al., Case No. 4:11-CV-01580 (JCH) (E.D. Mo. 2013).
  • Recovered unpaid wages for class of over 11,000 call center workers. Grant v. Convergys Corp., Case No. 4:12CV00496 (CEJ) (E.D. Mo. 2013).
  • Recovered damages for class of job applicants subjected to age-based hiring practice. Boyer v. Mosaic Sales Solutions, Case No. 12SL-CC03332 (Cir. Ct. of St. L. Cnty. 2013).
  • Recovered unreimbursed job expenses for class totaling over 4,200 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Wass v. NPC Int’l., Inc. d/b/a “Pizza Hut,” Case No. 09-CV-2254-JWL-KGS (D. Kan. 2012).
  • Recovered unpaid overtime wages and liquidated damages for a class of over 3,200 forklift drivers. The plaintiffs alleged that they were denied pay for time spent locating forklifts, inspecting forklifts, completing inspection documents, changing batteries, refueling, and obtaining supplies due to employer’s failure to record that time and automatic “rounding away” of work time. The plaintiffs also alleged that they were not paid for work performed during unpaid lunch breaks.  Nicholson v. UTi Integrated Logistics, Inc., Case No. 3:09CV00722-JPG-DGW (S.D. Ill. 2012).
  • Recovered unpaid overtime wages (pending court approval) and liquidated damages for a class of over 3,100 customer service representatives. The plaintiffs alleged that they were denied pay for time spent accessing computer systems, programs and data due to employer’s requirement to clock-in after performing such tasks. Simmons, et al. v. Enterprise Holdings, Inc., et al., Case No. 4:10CV00625 (AGF) (E.D. Mo. 2012).
  • Recovered unreimbursed job expenses for class totaling over 4,200 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Bass v. PJCOMN, Inc., Case No. 09-cv-1614-REB-MEH (D. Colo. 2012).
  • Recovered stock losses for class of approximately 1,500 employee stock ownership plan (ESOP) participants. The plaintiffs alleged that the plan and its fiduciaries were negligent in purchasing company stock with ESOP funds after acquiring knowledge of company’s regulatory and financial difficulties.  Crocker v. KV Pharmaceutical, Case No. 4:09CV00198 (CEJ) (E.D. Mo. 2009).
  • Recovered unpaid wages and liquidated damages for classes totaling over 1,100 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Kirtright & Hall v. Holiday Delta, et al., Case No. 7:09-cv-184-BO (E.D.N.C. 2010).
  • Recovered unreimbursed job expenses for class totaling over 150 pizza delivery drivers. The plaintiffs alleged that their hourly wages minus their unreimbursed job expenses resulted in less than minimum wage received on an hourly basis. Darrow v. WKRP Management LLC, et al. , Case No. 09-cv-1613-CMA-BNB (D. Colo. 2012).
  • Recovered unpaid wages for a class of over 100 inside sales representatives. The plaintiffs alleged that their employer misclassified them as exempt from wage and hour laws. Hill v. Worldwide Technologies, Inc., Case No. 4:12CV00007 (AGF) (E.D. Mo. 2012).
  • Recovered unpaid overtime wages and liquidated damages for class of over 2,400 bill collectors and customer service representatives. The plaintiffs alleged that pre-shift time spent accessing computer systems, programs and data went unpaid because of failure to record time and due to “rounding” achieved through employer’s automated time-keeping system. The plaintiffs also alleged that other time went unpaid during the course of the day including completing customer calls and work during unpaid lunch breaks.   Beasley & Meyers v. GC Services, L.P., Case No. 4:09CV01748 (CDP) (E.D. Mo. 2011).
  • Recovered unpaid weekly and daily overtime wages and liquidated damages (pending court approval) for class of approximately 1,500 bill collectors in California. The plaintiffs alleged that pre-shift time spent accessing computer systems, programs and data went unpaid due to failure to record the time and due to “rounding” by employer’s time-keeping software. The plaintiffs also alleged that other time went unpaid during the course of the day including completing customer calls and work during unpaid lunch breaks.   Gardner v. GC Services, L.P., Case No. 4:10CV-cv-00997 IEG-CAB (S.D. Cal. 2010).
  • Recovered unpaid overtime wages and liquidated damages for a class of 594 customer service representatives. The class representative alleged the employer required these employees to work without pay (“off-the-clock”) in logging on to computer systems and programs, reading company publications, completing customer service calls and logging off from the computer systems and programs. Wolfert v. UnitedHealth Group, et al., Case No. 4:08CV01643 (TIA) (E.D. Mo. 2009).
  • Recovered unpaid minimum wages and liquidated damages for class of tow truck drivers after obtaining summary judgment on behalf of class. Plaintiffs alleged that employer’s per-job pay method resulted in less than minimum wage for all hours worked. Lanktree v. I-70 Towing, et al., Case No. 10-04124-CV-C-NKL (W.D. Mo. 2011).
  • Obtained a court order reinstating the health, dental, vision and prescription drug benefits to a class of disabled persons. Recognizing the value of such reinstatement, the court awarded $454,431.75 in attorney’s fees and $10,689.45 in recovery of litigation costs advanced. Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2007).
  •  Obtained relief for a class of employees terminated without receipt of WARN Act notices. Teamsters Local 604, et al. v. Inter-Rail Transport, Inc., Case No. 02-1109-DRH (S.D. Ill. 2004).
  •  Obtained a $1,106,000.00 jury verdict in a claim for sexual harassment and wrongful termination with no witness corroboration of the harassment. Flotron v. AdOne Media, Inc., et al., Case No. 07CC-000373 (Cir. Ct. of St. L. County, MO 2008).
  •  Obtained a $1,006,400.00 jury verdict in a claim of wrongful termination when a recycling company fired its trucking foreman for refusal to assign truck drivers in violation of the Department of Transportation’s maximum hour regulations. Williams v. Omaha Paper Stock, Inc., Case No. 062-888-1 (Cir. Ct. of City of St. L., MO 2007).
  •  Obtained jury verdicts totaling $245,000.00 in two related sexual harassment claims. The court awarded an additional $71,000.00 in attorney’s fees and costs. Coats & Harrold v. Premier Mortgage Funding, Inc., et al., Case No. 06-2611 G CV (Cir. Ct. of St. L. County, MO 2007).
  • Obtained jury verdicts totaling $152,000.00 in racial harassment claims when plaintiff’s four fact witnesses were greatly outnumbered by twelve defense witnesses. Case involved racial slurs and hanging African-American doll by noose in workplace. Robinson vs. Custom Tree & Lawn Service, Inc., et al., Case No. 4:08CV00992 (CAS) (E.D. Mo. 2010).
  • Obtained jury verdict and post-judgment awards totaling over $85,000.00 in disability discrimination claim alleging unlawful refusal to provide work and wrongful termination. DeWalt v. Davidson Surface / Air, et al., Case No. Case No. 09CC-003131 (Cir. Ct. of St. Louis County,  MO 2011).
  • Obtained settlements totaling $265,000.00 in claims for diversion of corporate assets and misuse of bankruptcy process. Sosne vs. Neumann, et al., Case No. 09-04084 (E.D. Mo. Bkrptcy. 2009).
  • Obtained several orders reinstating the health, disability and retirement benefits of many claimants. See, e.g., Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2009) (class reinstatement); Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (W.D. Mo. 2008); Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005).
  •  Obtained millions of dollars for clients through settlements of employment claims. (confidential settlements).
  • Recovered $2,300,000.00 for a class of employees who lost benefits as a result of an early retirement plan which violated the Older Workers Benefit Protection Act. Goldman & Smith, et al. v. General Dynamics, Case No. 4:95CV1452 (TCM) (1996).
  • Obtained a bankruptcy court order reinstating the employment of 40 truck drivers pending further legal proceedings. In re Valley Steel Products Co., Case No. 92-40778 (E.D. Mo. Bkrptcy. 1992).
  •  Apparently prevented corporate merger which would have violated federal bankruptcy law and resulted in a 17.5% wage reduction for about 3,000 truck drivers around the United States and Canada. Automobile Transport Chauffeurs Demonstrators and Helpers Union, Teamsters Local 604 & Warner v. Allied Holdings, Inc., et al., Adversary Case No. 07-06695 (N.D. Ga. Bkrptcy. 2008) and In re Performance Transportation Services, Inc., et al., Case No. 07-04746 (MJK) (W.D.N.Y. Bkrptcy. 2008).
  •  Forced arbitration by a recalcitrant car dealer, then recovered unpaid sales commissions and benefits for a group of 26 automobile sales representatives. Teamsters Local 604 v. Feld Chevrolet Company, Case No. 4:06CV01368 (ERW) (E.D. Mo. 2006) & subsequent arbitration (2006).

Our Current Efforts Include:

Collective action litigation against Capital Pizza Huts, Inc. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Linkovich v. Capital Pizza Huts, Inc., Case No. 1:14-cv-01865-MSK-BNB (D. Colo.).

Class action litigation against Ronak Foods, Inc., et al. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.   Johnson & Pickett v. Ronak Foods, Inc., et al., Case No. 001090 (Ct. of Comm’n.  Please of Phila., PA).

Collective action litigation against PJ United, Inc., et al. d/b/a “Papa John’s” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Sullivan v. PJ United, Inc., No. 30-20-1300-0597 (AAA).

Class and collective action litigation against Hishmeh Enterprises, Inc. d/b/a “Domino’s Pizza” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses. Gibbins v. Hishmeh Enterprises, Inc., Case No. 56-2015-00468352-CU-PO-VTA (Sup. Ct. of Ventura Cnty., Cal.) & Case No. 2:15-cv-04265-FMO-JC  (C.D. Cal.)

Collective action litigation against Cowabunga, Inc. d/b/a “Domino’s Pizza” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Hines v. Cowabunga, Inc. d/b/a “Domino’s Pizza,” AAA Case No. 01-15-0003-4458.

Collective action litigation against CNH Pizza, LLC, et al. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Perez v. CNH Food, LLC, et al. d/b/a “Pizza Hut,” Case No. 3:15-cv-01010-D (N.D. Tex.).

Collective action litigation against Johnny’s Pizza House, Inc. for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Hill v. Johnny’s Pizza House, Inc., Case No. 3:15-cv-01062-RGJ-KLH (W.D. La.).

Collective action litigation against Summit Restaurant Group, LLC, et al. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Scarry v. Summit Restaurant Group, LLC, et al., Case No. 3:15-cv-01090-WQH-BGS (S.D. Cal.).

Collective action litigation against Michael Bommarito, et al. d/b/a “Jet’s Pizza” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Price v. Bommarito, Case No. 4:15CV00657 (HEA) (E.D. Mo.).

Collective action litigation against Pizzaworks, LLC, et al. d/b/a “Jet’s Pizza” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Lee v. Pizzaworks, LLC, Case No. 3:15-cv-00570 (M.D. Tenn.).

Collective action litigation against QS America, Inc., et al. d/b/a “Papa John’s” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Prince v. QS America, Inc., Case No. 1:15-cv-02033-TWT (N.D. Ga.).

Collective action litigation against ADF Cos., Inc., et al. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Hackett v. ADF Cos., Inc., et al., Case No. 8:15-cv-01688-PJM (D. Md.).

Collective action litigation against Home Nursery, Inc. for misclassification of shipping and receiving employees as “exempt” from overtime wage law.  Gonzales v. Home Nursery, Inc., Case No. 3:14-cv-01140-MJR-DGW (S.D. Ill.)

Class and collective action litigation against Raineri Construction, LLC and its owners for “time shaving” and failure to pay overtime wages.  Emily v. Raineri Constr., LLC, et al., Case No. 4:15-cv-00282 (RLW) (E.D. Mo.).

Collective action litigation against KO Huts, Inc. d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Tiffany v. KO Huts, Inc., Case No. CIV-15-1190-HE (W.D. Okla.).

Collective action litigation against PJ Iowa, LC d/b/a “Papa John’s” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Tegtmeier v. PJ Iowa, LC, Case No. 3:15-cv-00110-JEG-HCA (S.D. Iowa).

Collective action litigation against 2JR Pizza Enterprises, LLC d/b/a “Pizza Hut” for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses.  Barnes v. 2JR Pizza Enterprises, LLC, Case No. 3:15-cv-901-DJH (W.D. Ky.).

Class action litigation against RubinBrown alleging unlawful acquisition of the credit reports of its employees and job applicants.  Perrin v. RubinBrown, LP, Case No. 4:15-cv-00850 HEA (E.D. Mo.).

Collective and class action litigation against Charter Communications for failure to pay call center employees for time spent turning on computers, accessing programs and applications, and shutting down programs and computers.  Davenport v. Charter Communications, Case No. 4:12CV00007 (AGF) (E.D. Mo.).

*Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.

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