| Ongoing Cases |
Celera Corporation,
| Frontier Financial Corporation,
| ALC Partner Inc. (dba American Laser Centers),
| Addus HomeCare Corporation,
| Fuqi International, Inc.,
| Cell Therapeutics, Inc.,
| Medivation, Inc.,
| Ormat Technologies, Inc.,
| Kohlberg Capital Corporation,
| CRM Holdings, Ltd.,
| Koss Corporation,
| Rentech, Inc.,
| State Street Corporation,
| Northwest Pipe Company,
| SunPower Corporation,
| Zale Coporation,
| STEC, Inc.,
| The9 Limited,
| RH Donnelley Corporation,
| Hansen Medical, Inc.,
| Sturm, Ruger & Company, Inc.,
| UCBH Holdings, Inc.,
| Immersion Corporation,
| Repros Therapeutics Inc.,
| Align Technology, Inc.,
| Accuray Incorporated,
| Huron Consulting Group, Inc.,
| Genzyme Corporation,
| Bare Escentuals, Inc.,
| Caraco Pharmaceutical Laboratories, Ltd.,
| Idearc, Inc.,
| Sequenom, Inc.,
| Liz Claiborne, Inc.,
| Prudential Financial, Inc.,
| Zynex, Inc. (formerly Zynex Medical Holdings, Inc.),
| Corus Bankshares, Inc.,
| Insight Enterprises, Inc.,
| Century Aluminum Company,
| Heartland Payment Systems, Inc.,
| Rochester Fund Municipals / Oppenheimer Funds, Inc.,
| American Express Company,
| Emcore Corporation,
| Level 3 Communications, Inc.,
| Rackable Systems Inc.,
| Satyam Computer Services Limited,
| Horizon Lines, Inc.,
| Integral Systems, Inc.,
| AtriCure Inc.,
| GSI Group, Inc.,
| UBS Financial Services, Inc.,
| General Growth Properties, Inc.,
| SouthWest Water Company,
| Anadigics, Inc.,
| Daktronics, Inc.,
| Pilgrim's Pride Corporation,
| Cadence Design Systems, Inc.,
| Thornburg Mortgage, Inc.,
| Hardinge Inc.,
| Oshkosh Corporation,
| AuthenTec, Inc.,
| Carter's, Inc.,
| The Spectranetics Corporation,
| Quest Energy Partners L.P. / Quest Resource Corporation,
| Novatel Wireless, Inc.,
| The Goldman Sachs Group, Inc.,
| Camtek Ltd.,
| SiRF Technology Holdings Inc.,
| American Dental Partners, Inc.,
| SunOpta Inc.,
| CROCS, Inc.,
| BankAtlantic Bancorp, Inc.,
| E*TRADE Financial Corporation,
| Qiao Xing Universal Telephone Inc.,
| Jones Soda Co.,
| Heelys, Inc.,
| American Home Mortgage Investment Corp.,
| 21st Century Holding Company,
| Xinhua Finance Media Limited,
| Shuffle Master, Inc.,
| Netlist, Inc.,
| Dendreon Corporation,
| Telik, Inc.,
| Accredited Home Lenders Holding Co.,
| Worldspace, Inc.,
| NovaStar Financial, Inc.,
| New Century Financial Corp.,
| Alvarion Ltd.,
| Powerwave Technologies, Inc.,
| Hornbeck Offshore Services, inc.,
| TOP Tankers, Inc.,
| Hansen Natural Corporation,
| Bodisen Biotech, Inc.,
| Loudeye Corp.,
| Xethanol Corporation,
| Encysive Pharmaceuticals Inc.,
| Juniper Networks, Inc.,
| Vonage Holdings Corporation,
| InfoSonics Corporation,
| Home Solutions Of America, Inc.,
| PXRE Group Ltd.,
| Escala Group, Inc.,
| First Trust Corporation,
| China Energy Savings Technology, Inc.,
| GlobeTel Communications Corp.,
| St. Jude Medical, Inc.,
| XM Satellite Radio Holdings Inc.,
| Fairfax Financial Holdings Limited,
| Newpark Resources, Inc.,
| The Estée Lauder Companies, Inc.,
| The Cooper Companies, Inc.,
| Merge Technologies, Inc. (d.b.a. Merge Healthcare),
| Chicago Bridge & Iron Company N.V.,
| Micron Technology, Inc.,
| Dot Hill Systems Corporation,
| Impac Mortgage Holdings, Inc.,
| FARO Technologies, Inc.,
| Helen of Troy, Ltd.,
| SeraCare Life Sciences, Inc.,
| Interlink Electronics, Inc.,
| Pixar,
| Barrier Therapeutics, Inc.,
| Tempur-Pedic International, Inc.,
| Arbinet-thexchange, Inc.,
| Refco, Inc.,
| DHB Industries, Inc.,
| Lipman Electronic Engineering, Ltd.,
| Boston Scientific Corporation,
| World Health Alternatives, Inc.,
| Immucor, Inc.,
| Symbol Technologies, Inc.,
| Patterson Companies, Inc.,
| Mannatech, Inc.,
| Trex Company, Inc.,
| OCA, Inc.,
| Navarre Corporation,
| Pemstar, Inc.,
| Newmont Mining Corporation,
| Magma Design Automation, Inc.,
| Cray, Inc.,
| R&G Financial Corporation,
| Harley-Davidson, Inc.,
| DreamWorks Animation SKG, Inc.,
| Possis Medical, Inc.,
| Collins & Aikman Corporation,
| Xybernaut Corporation,
| Doral Financial Corp.,
| Gravity Company, Ltd.,
| Friedman, Billings, Ramsey Group, Inc.,
| Tribune Company,
| Petco Animal Supplies, Inc.,
| Blue Coat Systems, Inc.,
| MBIA Inc.,
| Delphi Corporation,
| Sierra Wireless, Inc.,
| Forest Laboratories, Inc.,
| SINA Corporation,
| Audible, Inc.,
| eSpeed, Inc.,
| Pharmos Corporation,
| OfficeMax, Inc.,
| EPIX Pharmaceuticals, Inc.,
| Gander Mountain Company,
| Taser International, Inc.,
| Praecis Pharmaceuticals, Inc.,
| Autobytel, Inc.,
| Dobson Communications Corporation,
| UTStarcom, Inc.,
| First Virtual Communications, Inc.,
| Chiron Corporation,
| AXT, Inc.,
| InterActive Corp (IAC),
| Zix Corporation,
| PetMed Express, Inc.,
| STAAR Surgical Company,
| Team Telecom International Ltd.,
| Allied Waste Industries, Inc.,
| Commerce Bancorp, Inc.,
| Thoratec Corporation,
| The St. Paul Travelers Companies, Inc.,
| Biolase Technology, Inc.,
| Corinthian Colleges, Inc.,
| Taro Pharmaceutical Industries, Ltd.,
| Yukos Oil Company,
| Cross Country Healthcare, Inc.,
| Netflix, Inc.,
| salesforce.com, inc.,
| Shaw Group, Inc.,
| Red Hat, Inc.,
| Cardinal Health, Inc.,
| Idacorp, Inc.,
| Genta Inc.,
| Abatix Corporation,
| Vaso Active Pharmaceuticals, Inc.,
| Nokia Corporation (Nokia OYJ),
| Siebel Systems, Inc.,
| Winn-Dixie Stores, Inc.,
| Allianz Dresdner Asset Management of America L.P.,
| FleetBoston Financial Corporation,
| Franklin Resources, Inc.,
| Deutsche Bank AG,
| Micromuse, Inc.,
| Adecco SA,
| Marsh & McLennan Companies, Inc.,
| Biovail Corporation,
| Watson Pharmaceuticals, Inc.,
| MFS Investment Management,
| Morgan Stanley,
| Putnam Funds,
| PBHG Mutual Funds,
| Gilead Sciences, Inc.,
| Alkermes, Inc,
| Alliance Capital Management,
| Emerson Radio Corporation,
| Janus Capital Group, Inc.,
| SureBeam Corporation,
| Heritage Municipal Bonds,
| Quest Software, Inc.,
| Read-Rite Corporation,
| Cree, Inc.,
| Tyco International, Ltd.,
| Administaff, Inc.,
| InterMune, Inc.,
| Guidant Corp.,
| Blue Rhino Corp.,
| Freddie Mac,
| UnumProvident Corporation,
| eUniverse, Inc.,
| Intrepid Potash, Inc.,
| Allou Healthcare, Inc.,
| Avery Dennison Corp.,
| Pharmacia Corporation,
| NorthWestern Corporation,
| Skechers USA, Inc.,
| Acclaim Entertainment Inc.,
| Solectron Corporation,
| Conseco, Inc.,
| Monterey Pasta Company,
| AmeriCredit Corp,
| ADC Telecommunications,
| Atmel Corporation,
| ClearOne Communications, Inc.,
| ECI Telecom, Ltd.,
| Corvis Corporation,
| Infonet Services Corp.,
| King Pharmaceuticals,
| Lason, Inc.,
| Michaels Stores, Inc.,
| Musicmaker.com, Inc.,
| Nanophase Technologies Corp.,
| Procom Technology, Inc.,
| Ramp Networks, Inc.,
| Sawtek, Inc.,
| Simon Transportation Services, Inc.,
| Veritas Software Corporation,
|
|
| American Laser Centers Class Action Lawsuit | ALC Partner Inc. (dba American Laser Centers),
| This is a civil action seeking recovery of unpaid wages, unpaid minimum wages, unpaid overtime, unpaid premium pay for failure to comply with meal and rest period requirements, unreimbursed job-related expenses, statutory penalties for failure to provide accurate wage statements, and waiting time penalties, under various provisions of the California Labor Code and the applicable Wage Order promulgated by California’s Industrial Welfare Commission. Plaintiffs also bring an action for themselves and all other class members for common law conversion, unjust enrichment, and violations of California Business and Professions Code section 17200, et seq. Plaintiffs also bring this action on behalf of all persons who were, are, or will be employed by ALC as managers, technicians, and/or with similar job titles and duties in California (hereinafter “Class”) at anytime within the four (4) years prior to the original filing date of these claims in federal court (July 16, 2007) through the date of the final disposition of this action (“the Class Period”).*
*NOTE: The end date for the Class Period currently is "Open,"
and will remain Open until the final disposition of the case.
Defendants include, among others, ALC Partner Inc. (dba American Laser Centers) and American Laser Centers of California LLC (collectively, "ALC" or the "Company") and the Company's former chief executive officer. ALC provides laser hair removal services, cosmetic medical procedures, and cosmetic skin treatments and products in clinics situated throughout the United States.
Plaintiffs include current and former managers and/or assistant managers employed by Defendants with the primary duty of selling laser hair removal services and other cosmetic medical procedures, current and former ALC laser technicians, laser operators, and/or paramedical aestheticians charged with the primary duty of performing laser hair removal and other cosmetic medical procedures and skin treatments.
The Complaint alleges that as a means of reducing labor costs Defendants’ policies and compensation plan were designed to subvert or minimize the minimum wages, regular wages, overtime compensation, and other monies required to be paid or credited to its employees, and that ALC unlawfully classified and/or classifies certain managers as exempt from the wage and hour provisions of the California Labor Code despite the fact that they are not exempt under any applicable exemption. Specifically, the Complaint alleges, among other things, that: (i) managers devoted the majority of their work time to non-management functions (i.e., selling ALC cosmetic medical procedures, skin treatments, and products), which was their primary duty, and actually functioned as glorified on-site sales consultants who were remotely supervised by Defendants; (ii) ALC required and/or permitted technicians to perform work for which they were not compensated, and technicians were compelled to, and did, work off-the-clock and through unpaid lunch periods to perform various tasks -- making rest breaks impossible and uninterrupted meal breaks the exception; and (iii) ALC corporate officers instructed managers and technicians that overtime was not permitted or tolerated, shamed managers whose clinics reported overtime hours and even docked their bonus pay for so-called overtime “errors,” and technicians had their time entries changed, their overtime hours shaved, and their regular hours shifted to avoid daily and weekly overtime premiums. |
|
| Glancy Binkow & Goldberg LLP | | 1801 Ave. of the Stars | | Suite 311 | | Los Angeles, CA 90067 | | tel: (310) 201-9150 | | fax: (310) 201-9160 | | info@glancylaw.com |
|
