Pyle Rome Ehrenberg Class Action Overtime Suit Results in $100K Donation To Worker Resource Center

December 05, 2013

Class action settlements or trusts frequently designate a "Cy Pres" recipient to receive leftover or unclaimed monies. Attorney Tod Cochran recently was involved in designating Immigrant Workers Center Collaborative (IWCC) as a Cy Pres recipient in a wage and hour lawsuit on behalf of 50 factory workers in a marble countertop factory in Central Massachusetts. IWCC is slated to receive approximately $100,000.

Many of the workers at the time were immigrants. Immigrant workers tend to be less likely to force employers to pay legally-mandated minimum wage and overtime. Some employers intentionally exploit immigrant workers to drive down wages.

For various reasons, many current and former workers did not seek their portion of the settlement. The "Cy Pres" doctrine prevents an employer from reaping this benefit. If an employer were could collect unclaimed monies in a wage and hour suit, then it is effectively being rewarded for paying less than what the law requires.

Cochran's litigation sought bring justice to a vulnerable exploited population. As a result, the IWCC, which supports immigrant worker centers throughout Massachusetts, was deemed to be consistent with the lawsuit's purpose. IWCC-affiliated centers include the Chinese Progressive Association, Brazilian Immigrant Center, Brazilian Women's Group, Centro Comunitario de Trabajadores, Fuerza Laboral, Massachusetts Coalition for Occupational Safety and Health Worker Center, and the Metrowest Worker Center/Casa do Trabalhador (MWC).

As Pyle Rome wrote to IWCC: "We salute the good work that you do and hope to continue to work with the IWCC and its member organization to vindicate the rights of our State’s most vulnerable workers."

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