OVERTIME AND COMPENSATION CLASS ACTIONS

Shabel & DeNittis is a leader in the field of class action litigation on behalf of employees who have not been paid overtime or other compensation they are entitled to receive, or have had improper deductions taken from their compensation. These claims for violations of the Federal Fair Labor Standards Act and State labor laws, allege improper failure to pay overtime and other wages, and improper deductions from compensation for various company expenses. Shabel & DeNittis is currently lead or co-lead counsel, or other similar lead role, in some of the most significant overtime class actions pending in the United States, including those listed below:

$43.5 Million Overtime Settlement Preliminarily Approved

Poole v. Merrill Lynch Pierce, Fenner & Smith Case No. CV-06-1657

Shabel & DeNittis, P.C. is one of the Executive Committee Counsel in the action captioned Jeffrey Poole v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, Case No. CV-06-1657 ("Poole"). Poole is a consolidation in the United States District Court for the District of Oregon of ten cases filed in several states throughout the United States against Merrill, Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch"). Shabel & DeNittis filed the case Edward France v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, U.S. District Court, Eastern District of Pennsylvania, Case No. 06-CV-00782. The France action, as well as the Poole consolidated action, were brought on behalf of Financial Advisors and Financial Advisor Trainees of Merrill Lynch. The action alleged that Merrill Lynch failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act ("FLSA"), a federal statute, and various state wage and hour laws. The action also alleged that Merrill Lynch had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

On November 26, 2008, Judge Ancer L. Haggerty issued an order preliminarily approving a settlement reached between the plaintiffs in the Poole action and Merrill Lynch (the "Order").

Under the terms of the Order, the counsel for the Class Representatives submitted a proposed allocation of the funds available for distribution to the class members who submit proper and timely claim forms (the "Net Settlement Amount" and the "Claimants") to the Special Master, the Honorable Edwind J. Peterson (Ret.), appointed by the Court. On February 4, 2009, Special Master Peterson held a hearing with Counsel concerning the allocation proposal. On February 11, 2009, Judge Peterson submitted his recommendation concerning the fairness of the allocation to the Court.

Three weeks after receipt of the Special Master's report, the Court will hold a hearing to determine whether to approve the Special Master's allocation proposal and to direct the mailing of notice (the "Notice") to members of the class. The Notice will describe the Settlement and well give the members of the Class an opportunity to submit a claim. Class member will have approximately two months to return their claim forms to a neutral claims administrator engaged by the parties.

For further information about this case, please contact the Shabel & DeNittis attorneys who handled this case, Stephen DeNittis, at telephone (856) 797-9951 or via email at sdenittis@shabeldenittis.com.

$600,000 Overtime Settlement Kaufmann v. Commerce Capital

Shabel & DeNittis, P.C. was lead counsel in the action captioned Kaufmann v, Commerce Capital, Case No. CV-06-cv-04664 (RBK). The Kaufmann action, was brought on behalf of 138 Financial Advisors and Financial Advisor Trainees of Commerce Bank. The action alleged that Commerce Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act ("FLSA"), a federal statute, and various state wage and hour laws. The action also alleged that Commerce Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

Kaufmann v. JP Morgan Chase - Pending

Shabel & DeNittis, P.C. is co-lead counsel in the action captioned Kaufmann v, JPMorgan Chase, Case No. CV-06-cv-04800-WJM ("Kaufmann"). The Kaufmann action, was brought on behalf of more than 1,500 Financial Advisors and Financial Advisor Trainees of JP Morgan. The action alleged that JP Morgan failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act ("FLSA"), a federal statute, and various state wage and hour laws. The action also alleged that JP Morgan had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

Hyman and Bernhard v. TD Bank - Pending

Shabel & DeNittis, P.C. is lead counsel in the actions captioned Hyman v. TD Bank Case No. 08-cv-4940 (JEI) and Bernhard v. TD Bank 08-cv- 4392(RBK)(collectively "Hyman").. The Hyman action, was brought on behalf of more than 150 Financial Advisors and Financial Advisor Trainees of TD Bank. The action alleged that TD Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act ("FLSA"), a federal statute, and various state wage and hour laws. The action also alleged that TD Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.

$375,000 Overtime Settlement Preliminarily Approved

Hyman and Bernhard v. TD Bank - Case No. 08-cv-4392 (RBK)

On February 3, 2010 the United States District Court for the District of New Jersey approved a $375,000 settlement on behalf of a class of more than 200 financial advisors who worked for TD Bank. Shabel & DeNittis, P.C. was lead counsel in the action. The action alleged that TD Bank failed to pay its Financial Advisors for overtime that they worked in violation of the Fair Labor Standards Act ("FLSA"), a federal statute, and various state wage and hour laws. The action also alleged that TD Bank had improperly taken business expenses, such as the salary for financial assistants and errors in transactions with clients, from the wages of its Financial Advisors in violation of various state wage and hour laws.