| Excerpts of the lawsuit filed in US District
Court on January 30, 2004
CLASS Allegations
The Plaintiffs bring this action on behalf of
themselves and all other persons similarly situated. The class that
the Plaintiffs represent is composed of all employees of the United
Stated Postal Service who have had deletions made of their regular
hours and overtime hours by their supervisors, which has resulted in
reduced salary to the employees. These employees include letter
carriers, rural route letter carriers, mail handlers, maintenance
workers, distribution clerks, window clerks, drivers, and other
employees.
The Plaintiffs are informed and believe and, on
that basis, allege that the Plaintiff class numbers in excess of
200,000 employees and is so numerous that joinder of all members
would be impractical. The exact size of the Plaintiff class and the
identity of the members of the class would be ascertainable from the
wage and hour records maintained by the United States Postal Service
for the employees.
Questions of law and fact common to the Plaintiff
class exist that predominate over questions affecting only
individuals members, including the following:
a) Whether supervisors of the putative class
members have deleted parts of their regular hours and overtime hours
worked.
b) Whether the purpose of these deletions was to
keep the supervisors within the budgetary constraints and to qualify
for bonuses for maintaining budgetary limitations.
c) Whether, as a result of these actions, the
employees have not been paid appropriate wages.
d) Whether the Defendant has failed to maintain
hour and wage records regarding its employees with accuracy,
relevance, timeliness, and completeness in a reasonably necessary
manner to assure fairness to the employees.
e) Whether this action by supervisors on behalf of
the Defendant is in violation of the Fair Labors Standards Act, 29
U.S.C. Sec. 201, et al, The Racketeer Influenced and Corrupt
Organization Act, 18 U.S. C., Sec. 1961, et al, and the Privacy Act,
5 U.S.C. 552a(e)(5).
Based on the conduct of the Defendant, the
Plaintiffs and the other class members seek damages for the unpaid
wages, an equal amount representing liquidated damages and as
allowed under 29 U.S.C. Sec. 216(b), interest, attorneys' fees and
costs under 29 U.S.C.216(b),
Federal Privacy Act
The actions of the Defendant through its agents,
violated the rights of the Plaintiffs under the Federal Privacy Act,
5 U.S.C, Sec 552(a)(e), in that the systems of records of the
Defendant were known to contain false and inaccurate statements
concerning the hours of work of the Plaintiffs, and other class
member, in violation of the duty of the Defendant to maintain
individually identifiable records concerning the Plaintiffs with
accuracy.
As a result of the violations of such rights, the
Plaintiffs suffered economic harm, as well as emotional distress.
The minimum statutory damages for persons injured by a Privacy Act
violation was set by Congress at $1,000.00 per violation. 5 U.S.C.
552(a)(g)(3)(B)
WHEREFORE, the Plaintiffs ask that this
Court permanently enjoin the Defendant from this conduct outlined in
this complaint, award damages as indicated in this complaint, award
attorneys fees and case expenses as this honorable Court deems
appropriate, and requests jury trial .
(source: US District Court for the Middle District of Florida) |
