GHT Petroleum, Inc.
Plaintiff Elmeshad was a convenience store cashier for a local Mobil On The Run franchise, who was not paid overtime at the rate of time and one half for all hours worked over 40. Plaintiff Elmeshad sought back pay plus an equal amount in liquidated damages plus costs and attorneys’ fees from GHT Petroleum, which operates the Mobil On The Run in Hopewell Junction and Fishkill, New York. The case was brought in the U.S. District Court for the Southern District of New York. The case was favorably settled on November 21, 2007.
Posted on Monday, November 26 2007 at 4:12pm
On Wednesday November 21,2007, the Defendant GHT Petroleum, Inc. agreed to pay Plaintiff Elmeshad back wages for unpaid overtime and an equal amount of money for liquidated damages. In addition, attorneys fees and costs will be separately paid by defendant to Getman Law Office.
Prior to settlement Defendants solicited and secured affidavits from potential class members promising that they would not sue Defendants for overtime and minimum wage violations. The affidavit was completely improper and has no legal effect. Plaintiff sought the intervention of the Court and both Judge Charles L. Brieant and Magistrate Judge Lisa M. Smith told the Defendants that their actions were prohibited under the Fair Labor Standards Act. Magistrate Judge Lisa M. Smith, as part of the settlement, ordered that potential class members be mailed notice, at Defendants expense, informing them that the sworn statements were invalid and improperly obtained. Click here to see the Court ordered Notice (.pdf 35KB).
Since the Court has determined that the affidavit prepared by defense counsel is meaningless, cashiers who signed the affidavit are free to bring their own overtime pay claims against GHT Petroleum, Inc. or Golden Touch Gas and Food, Inc.
Posted on Friday, July 6 2007 at 4:00pm