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American Cruise Lines Inc. has reportedly reached a $1 million class action settlement over allegations it violated the Fair Labor Standards Act (FLSA) by failing to pay its stewards minimum wage and overtime pay.
On Monday, the plaintiffs urged a Connecticut federal judge to preliminarily approve their proposed class action settlement and to certify a Class of individuals who worked for American Cruise Lines as stewards or galley stewards during any workweek between May 18, 2012 and Jan. 9, 2016. More than 1,000 stewards are expected to qualify as Class Members of this unpaid overtime settlement.
Plaintiffs Nicole McCormick, Jesus Estrada and Justice Kimmons filed the American Cruise Lines class action lawsuit on May 18, 2015, alleging the river cruise company misclassified its stewards and galley stewards as exempt under the seaman exemption of the FLSA and related state-law exemptions. They claim that American Cruise Lines owes the affected stewards unpaid minimum wages and overtime wages due to this alleged misclassification.
American Cruise Lines sought to have the unpaid overtime class action lawsuit dismissed, but its attempt was unsuccessful. The parties subsequently engaged in mediation and executed the proposed settlement agreement in January.
The plaintiffs urged the judge to preliminarily approve the class action settlement because a trial would “consume tremendous time and resources” for the parties and the court.
“This is because the main overtime exemption issue is the [Connecticut Minimum Wage Act’s] seaman exemption, which would require careful analysis of the job duties of over a thousand employees, many of whom held different job titles, performed different job duties, worked on different cruise ships reporting to different managers, and allegedly worked dozens of unrecorded overtime hours per week,” the plaintiffs argue in their motion urging the judge to approve the class action settlement.
They argue that any judgment would probably be appealed, further extending the burden and expense of the litigation. According to the court documents, the plaintiffs reviewed more than 700 pages of documents as well as a “significant amount of employee data” that was organized in spreadsheets.
“The settlement, on the other hand, makes monetary relief available to Class Members in a prompt and efficient manner,” the plaintiffs argue.
According to the court documents, notice of the American Cruise Lines settlement will be mailed to Class Members’ last known address within seven days of the preliminary approval date.
Instructions on how to file a claim for the American Cruise Lines class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
The plaintiffs are represented by Bruce E. Newman of Brown Paindiris & Scott LLP and Steven Bennett Blau and Shelly A. Leonard of Blau Leonard Law Group LLC.
The American Cruise Lines Unpaid Overtime Class Action Lawsuit is McCormick, et al. v. American Cruise Lines Inc., Case No. 3:15-cv-00741, in the U.S. District Court for the District of Connecticut.
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46 thoughts onAmerican Cruise Lines Settles Unpaid Overtime Class Action Lawsuit
Still waiting for check. How long will it be?.
You should contact the settlement administrator with any questions about the status of your claim. Simpluris: 888-836-1712. You can also try class counsel: 860-583-5200. Good luck!
I need law firm contact info as I have moved and need to update mailing address. I know ppl who are already receiving checks and need to know when i can expect mine. Thx in advance.!
Woooohhoo I can’t wait to get this $5 paycheck in the mail! Happy Meal here I come.
you really think it’s going to be $5 dollars paycheck?
yea
289,000 or 1 million is already gone and the three that filed the suit only got 3000 each before taxes. We’d bE lucky if we got $10
Actually it was $500 so more than I expected
is your check been hold because i deposited mine and its on hold
No mine went in the next day with no problems
Does anybody know who to contact to regarding this matter? I appreciate it.
hey how do you make a claim !?
Yeah my first check bounced from them and they still haven’t done anything about it
Has anyone received any money or update after sending in paperwork and information through mail? Does anyone know when, if, or how much we will get?
I got a letter in the mail last summer and i called to see when they will be giving out money and they said april.
Well I was told June 2017
I was told June … I heard different amounts that were supposed to get
Hey Kashan, I just want my coins. Lol
Guess we shall wait in june than
Beentheredonethat how did you go about being reimbursed for training and airfare?
I hope so!!
I read another article stating the plaintiffs counsel will recieve $280,000 of that 1 million. Here’s to $7 everybody.
LOL! That is always the case, Bryan… the lawyers get t he lion’s share– but at least now there is a precedent which makes it easier to sue them in the future. When I contacted the Labor Board about my unpleasant and underpaid experience with American Cruise Lines, they told me they get complaints almost weekly about that company butt that they had investigated them before and ACL was exploiting some loophole or something or other in labor laws and were somehow exempt from the laws every other US business is supposed to adhere to. I found that outrageous. They did help me get reimbursed for the training week and for airfare, but not for any of the over time or wage issues. I kept track of my hours every day on a calendar I had brought with me. This company is crummy in so many ways. I don’t think it is fair to their passengers to have a constantly shifting staff who are only on 12 week rotations and I wonder why the Coast Guard allows the safety of the passengers to be in the hands of poorly trained young and inexperienced deckhands only on board for 12 weeks. After working on other vessels since my stint with ACL, I’ve seen how seriously other vessels take the safety and educating the crew on the station bill, muster stations, what to do in an emergency, etc. The fact ACL does not even tell new crew where they are supposed to muster or how to handle passengers in an emergency will probably be the next lawsuit. Crazy way to run a business.
where was this article?
I worked there in 2013 and I sent the claim in, but I haven’t heard anything back. Has anyone else heard anything yet?