The homepage of Weinhaus and Potashnick - Wage and Hour Attorneys Wage and Hour Claims, Unpaid Overtime, Off the Clock Work, Log on and prepatory work, Misclassification of job, denial of health insurance, unpaid job expenses, copyright - name and image infringement, No notice of layoff Failure to pay minimum wage Our wage and hour attorneys Recovery of unpaid overtime wages and other wage and hour claim verdicts Contact Weinhaus and Potashnick law firm Legal disclaimer
Mark Potashnick has practiced in the areas of labor, employment and employee benefits law for 19 years. He has obtained six and seven figure jury verdicts in employment cases and has obtained multiple orders reinstating health and disability benefits. His current practice encompasses wage and hour collective actions and class action employee benefit claims. Mark has served as class counsel in wage and hour, employee benefit, and WARN Act claims. He is an executive board member of the National Employment Lawyers Association – St. Louis. Mark graduated from the University of Pennsylvania in 1989 and Washington University School of Law in 1993. He has spoken around the country on employment law, workplace rights, and employee benefits.


 
MARK POTASHNICK

11500 Olive Blvd., Suite 133
St. Louis, Missouri 63141
Phone: (314) 997-9150 ext. 2
Facsimile: (314) 997-9170
markp@wp-attorneys.com

 
     
   

Litigation Highlights:*

• 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., 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 computers 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, competing 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 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 defenses 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).

Current Efforts Include:

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.).

Collective and class action litigation against Convergys Corporation for failure to pay call center employees for time spent turning on computers, accessing programs and applications, and shutting down programs and computers. Grant v. Convergys Corp., Case No. 4:12CV00496 (CEJ) (E.D. Mo.).

Collective and class action litigation against U.S. Auto Protection for failure to pay overtime wages to commissioned inside salespersons. Rikard v. U.S. Auto Protection, et al., Case No. 4:11-CV-01580 (NAB) (E.D. Mo.).

Multi-plaintiff litigation against Amsted Rail Co., manufacturer of steel components for the railroad, vehicular and construction markets, for failure to pay for pre-shift and post-shift work including preparation of tools and equipment. Marshall & Whitby, et al. v. Amsted Rail Co., Case No. 3:10CV00011-MJR-CJP (S.D. Ill.).

Collective and class action litigation against Papa John’s for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses (hourly wage – unreimbursed car expenses = net wages below minimum wage). Perrin v. Papa John’s International, Inc., et al., Case No. 4:09-CV-01335 (AGF) (E.D. Mo. 2009).

Collective and class action litigation against Pizza Hut for paying delivery drivers net wages below minimum wage due to unreimbursed automobile expenses (hourly wage – unreimbursed car expenses = net wages below minimum wage). Smith v. Pizza Hut, Inc., Case No. 09-cv-1632-CMA-BNB (D. Colo. 2009).

Class action litigation against Domino’s for failing to reimburse its New York employees for the cost of uniform purchases, uniform maintenance and cleaning, and other job expenses and for denying gratuities received from customers to its New York delivery drivers. Bodon, et al. v. Domino’s Pizza, LLC, Case No. 09-CV-2941 (SLT-RLM) (E.D.N.Y. 2009).

Class claim for failure to hire in-store sales representatives / product demonstrators based on age. Boyer v. Mosaic Sales Solutions, EEOC Charge No. 560-2011-00173.

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

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Areas of Practice:

• Wage and Hour Collective and Class Actions
• Employee Benefits Class Actions
• WARN Act Class Actions
• Employment Discrimination and Harassment
• Copyright, Name and Image Infringement

Bar Admissions:

• Missouri
• Illinois
• U.S. Court of Appeals 7th Circuit
• U.S. Court of Appeals 8th Circuit
• U.S. District Court – Eastern District of Missouri
• U.S. District Court – Western District of Missouri
• U.S. District Court – Southern District of Illinois
• U.S. District Court – District of Colorado
• U.S. Tax Court

Education:

• Washington University School of Law, Juris Doctorate (J.D.), 1993
• University of Pennsylvania, 1989, B.S. Economics, 1989

Selected Cases:*

• Wass v. NPC Int’l., Inc., Case No. 09-CV-2254-JWL-KGS (D. Kan. 2012) (collective action seeking recovery of unreimbursed job expenses).
• Nicholson v. UTi Integrated Logistics, Inc., Case No. 3:09CV00722-JPG-DGW (S.D. Ill. 2012) (class and collective action seeking recovery of unpaid wages).
• Bass v. PJCOMN, Inc., Case No. 09-cv-1614-REB-MEH (D. Colo. 2012) (class and collective action seeking recovery of unreimbursed job expenses).
• Crocker v. KV Pharmaceutical, Case No. 4:09CV00198 (CEJ) (E.D. Mo. 2009) (class action seeking recovery of lost employee stock ownership funds).
• Kirtright & Hall v. Holiday Delta, et al., Case No. 7:09-cv-184-BO (E.D.N.C. 2010) (collective action seeking recovery of unreimbursed job expenses).
• Darrow v. WKRP Management LLC, et al. , Case No. 09-cv-1613-CMA-BNB (D. Colo. 2012) (collective action seeking recovery of unreimbursed job expenses).
• Hill v. Worldwide Technologies, Inc., Case No. 4:12CV00007 (AGF) (E.D. Mo. 2012) (class and collective action seeking recovery of unpaid overtime wages).
• Beasley & Meyers v. GC Services, L.P., Case No. 4:09CV01748 (CDP) (E.D. Mo. 2011) (collective action seeking recovery of unpaid overtime wages).
• Gardner v. GC Services, L.P., Case No. 4:10CV-cv-00997 IEG-CAB (S.D. Cal. 2010) (collective action seeking recovery of unpaid wages).
• Wolfert v. UnitedHealth Group, et al., Case No. 4:08CV01643 (TIA) (E.D. Mo. 2009) (class and collective action seeking recovery of unpaid wages).
• Lanktree v. I-70 Towing, et al., Case No. 10-04124-CV-C-NKL (W.D. Mo. 2011) (collective action seeking unpaid minimum wages).
• Halbach & Schield v. Great-West Life Insurance & Annuity Co., et al., Case No. 4:05CV02399 (ERW) (E.D. Mo. 2007) (class action seeking reinstatement of health, dental, vision and prescription drug benefits to class of disabled employees).
• Teamsters Local 604, et al. v. Inter-Rail Transport, Inc., Case No. 02-1109-DRH (S.D. Ill. 2004) (class action for failure to provide statutory notices of plant closure and destruction of employees’ property).
• Lanktree v. I-70 Towing, et al., Case No. 10-04124-CV-C-NKL (W.D. Mo. 2011) (collective action for recovery of unpaid minimum wages).
• Flotron v. AdOne Media, Inc., et al., Case No. 07CC-000373 (Cir. Ct. of St. L. County, MO 2008) (jury verdicts for sexual harassment, wrongful termination, assault and battery claims).
• Williams v. Omaha Paper Stock, Inc., Case No. 062-888-1 (Cir. Ct. of City of St. L., MO 2007) (jury verdict for unlawful termination).
• Coats & Harrold v. Premier Mortgage Funding, Inc., et al., Case No. 06-2611 G CV (Cir. Ct. of St. L. County, MO 2007) (jury verdicts for sexual harassment).
• Robinson vs. Custom Tree & Lawn Service, Inc., et al., Case No. 4:08CV00992 (CAS) (E.D. Mo. 2010) (jury verdict for racial harassment and unlawful termination).
• DeWalt v. Davidson Surface / Air, et al., Case No. Case No. 09CC-003131 (Cir. Ct. of St. Louis County, MO 2011) (jury verdict for disability discrimination).
• Michael v. AIG, et al., Case No. 4:05CV02400 (ERW) (E.D. Mo.) (claim for unlawful denial of disability benefits)
• Scrivner v. AB Inbev, et al., Case No., Case No. 4:10CV01949 (JCH) (E.D. Mo.) (claim for unlawful denial of disability benefits).
• Wakefield v. Accor Economy Lodging, et al., Case No. 03-309 (S.D. Ill. 2005) (obtained court order for reinstatement of health insurance).
• Goldman & Smith, et al. v. General Dynamics, Case No. 4:95CV1452 (TCM) (1996) (recovery of benefits denied based on age bias in severance plan).
• In re Valley Steel Products Co., Case No. 92-40778 (E.D. Mo. Bkrptcy. 1992) (obtained reinstatement of 40 truck drivers pending further proceedings).
• 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) (apparently saved wage levels by preventing corporate merger in violation of bankruptcy plan).
• Teamsters Local 604 v. Feld Chevrolet Company, Case No. 4:06CV01368 (ERW) (E.D. Mo. 2006) & subsequent arbitration (2006) (forced arbitration then recovered unpaid sales commissions).
• Class claim for failure to hire in-store sales representatives / product demonstrators based on age. Boyer v. Mosaic Sales Solutions, EEOC Charge No. 560-2011-00173.
• Banks vs. Jack-in-the-Box, Case No. 09SL-CC03441 (Cir. Ct. of St. L. County, MO 2010) (termination based on perceived pregnancy complications).
• Bengana v. AT&T Corp., Case No. 4:07CV00910 (CEJ) (E.D. Mo.) (violation of Family and Medical Leave Act).
• Bowers, et al. v. EMI Capitol Records, et al., Case No. 4:06CV01557 (RWS) (E.D. Mo.) (copyright infringement).
• Burks vs. Elder Helpers, Case No. 0822-CC07287 (Cir. Ct. of City of St. L. MO 2010) (knowingly subjecting home health care worker to sexual predator).
• Cornett v. Tanner Seed, et al., Case No. 1:96CV00021 (ERW) (E.D. Mo.) (violation of Violence Against Women Act).
• Covington v. J.C. Penny Corporation, et al., Case No. 4:04CV00329 (SNL) (E.D. Mo.) (misappropriation of image for commercial use).
• Covington v. L’oreal U.S.A., et al., Case No. 022-9430 (Cir. Ct. of City of St. L., MO) (breach of contract & misappropriation of image for commercial use).
• Davis v. Anheuser-Busch Employees’ Credit Union, Case No. 4:05CV00146 (CEJ) (violation of Family and Medical Leave Act).
• Deleon v. Applebee’s International, Inc., et al., Case No. 3:06CV00149-GPM-PMF (S.D. Ill.) (racial harassment in employment).
• Dixon, et al. v. Crown Mart 5, et al., Case No. 10SL-CC00710 (Cir. Ct. of St. Louis County, MO) (ejection from convenience store based on race).
• Doe v. Prudential, Case No. 4:10-CV-00297 (CDP) (denial of disability benefits to attorney unable to perform occupation due to brain injury).
• E.W. vs. Ferguson Florissant School District, et al., Case No. 09SL-CC00728 (Cir. Ct. of St. L. County, MO) (middle school student molested by teacher).
• Goodspeed v. CNA Group Life Insurance Co., Case No. 4:02CV01961 (RWS) (E.D. Mo.) (wrongful denial of disability benefits).
• Flotron v. AdOne Media, Inc., et al., Case No. 07CC-000373 (Cir. Ct. of St. L. County, MO) (sexual harassment in employment & retaliatory termination).
• Gallegos, et al. v. General Motors Corp., et al., Case No. 4:07CV00002 (SNL) (E.D. Mo.) (wrongful denial of employee benefit plan documents).
• Garfinkel v. BJC Health System, et al., Case No. 4:07CV00005 (CAS) (E.D. Mo.) (wrongful denial of employee death benefits).
• Goldman & Smith v. General Dynamics, Case No. 4:95CV01452 (E.D. Mo. 1996) (wrongful denial of retirement benefits based upon unlawful early retirement plan).
• Halbach & Schield, et al. v. Great-West Life Insurance Co., et al., Case No . 4:05CV02399 (ERW) (E.D. Mo.) (class claim for unlawful elimination of health, dental, vision and prescription drug benefits to disabled plan participants and individual claim for wrongful denial of employee benefits documents).
• Havener, et al. v. Power Screen USB, et al., Case No. 4:94CV02277 (JCH) (wrongful termination of employee group and workplace harassment based on sex, age and disability).
• Harris, et al. v. Kraft Foods Global, Inc., et al., Case No. 07BA-CV3803 (Cir. Ct. of Boone County, MO) (racial and sexual harassment in employment).
• Hutton v. DaimlerChrysler Corp., et al., Case No. 04CC-003062 (Cir. Ct. of St. L. County, MO) (sexual harassment).
• Kennedy v. Metropolitan Life Insurance Co., et al., Case No. 4:02CV00183 (TCM) (E.D. Mo.) (wrongful denial of disability benefits).
• Jordan v. Van Lenhardt, Inc., et al., Case No. 3:05CV00767-WDS-CJP (wrongful denial of public accommodation based on race).
• Menz v. Procter & Gamble Health Care Plan, et al., Case No. 4:04CV00077 (RWS) (E.D. Mo.) (wrongful denial of prosthesis).
• Moore v. St. Louis Composting, Inc., Case No. 08SL-CC02852 (Cir. Ct. of St. L. County, MO) (denied employee use of “whites only” restroom).
• Niethammer v. Prudential Insurance Company of America, Case No. 4:06CV01664 (CDP) (E.D. Mo.) (wrongful denial of disability benefits).
• Null v. Webster Groves School District, Case No. 09SL-CC03340 (sexual harassment).
• Turner v. Southwestern Bell Telephone, L.P., Case No. 4:04CV01688 (SNL) (E.D. Mo.) (wrongful termination based on employee’s refusal to waive legal rights against employer).
• Ragland v. Gannett Co., Inc., et al., Case No. 4:05CV02398 (FRB) (copyright infringement).
• Simms vs. Fontana Distribution, et al, Case No. 4:09CV00017 (AGF) (copyright infringement).
• Sorbello vs. Chuck E. Cheese, Case No. 09SL-CC01916 (Cir. Ct. of St. L. County, MO 2010) (groping of young female customer by costumed employee).
• Ward v. Monsanto Co., Case No. 4:04CV670 (ERW) (wrongful denial of disability benefits).
• Watson v. Weekends Only, Case No. 4:06CV00599 (CAS) (E.D. Mo.) (violation of employee’s rights against unlawful subjection to lie detection test by employer).
• Williams v. Omaha Paper Stock, Inc., Case No. 062-888-1 (Cir. Ct. of City of St. L., MO 2007) (termination in violation of public policy).

Professional Associations and Memberships:

• Missouri Bar
• Illinois Bar
• Missouri Association of Trial Attorneys
• Bar Association of Metropolitan St. Louis
• National Employment Lawyers Association – St. Louis (Executive Board Member)

* Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Case descriptions reflect only allegations pled.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.