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APPROVED | Class Action Settlement for former David J. Stern employees – Mowat et al v. DJSP Enterprises, Inc. et al

APPROVED | Class Action Settlement for former David J. Stern employees – Mowat et al v. DJSP Enterprises, Inc. et al


This is just coming in and I’ll follow up with any developing news.

Here’s a recap meanwhile:

Former employees of Plantation attorney David J. Stern agreed to a preliminary $502,000 settlement after he fired them without giving the required 60-day notice as business at his foreclosure law firm began to dry up.

U.S. District Judge Robert N. Scola Jr. found the settlement “sufficiently fair, reasonable, adequate and in the best interests” of the former workers, according to a preliminary order. There will be a June 8 final hearing.

Workers in the class-action settlement now have until May 3 to opt out of the settlement, while papers in support of it should be filed by May 29.

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Former staff at closed David J. Stern law firm to receive settlement

Former staff at closed David J. Stern law firm to receive settlement


Sun-Sentinel-

Former employees of Plantation attorney David J. Stern agreed to a preliminary $502,000 settlement after he fired them without giving the required 60-day notice as business at his foreclosure law firm began to dry up.

U.S. District Judge Robert N. Scola Jr. found the settlement “sufficiently fair, reasonable, adequate and in the best interests” of the former workers, according to a preliminary order. There will be a June 8 final hearing.

Workers in the class-action settlement now have until May 3 to opt out of the settlement, while papers in support of it should be filed by May 29.

[SUN-SENTINEL]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Certified: Employee WARN Act Class Action Moves Forward Against David J. Stern, DJSP Enterprises, Inc.

Certified: Employee WARN Act Class Action Moves Forward Against David J. Stern, DJSP Enterprises, Inc.


RENAE MOWAT e t al.,

V.

DJSP ENTERPRISES, INC., et al.,

[ipaper docId=66453888 access_key=key-hlmxg11b6bxnm2daebs height=600 width=600 /]

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Foreclosure attorney Stern’s former employees get initial OK for class action suit

Foreclosure attorney Stern’s former employees get initial OK for class action suit


Sun-Sentinel-

A federal magistrate in Miami has recommended that former employees of DJSP Enterprises, the legal processing arm of Plantation attorney David J.Stern’s once-powerful foreclosure law firm, be given class action status to sue Stern and his affiliates for violating federal labor laws.

The suit, filed on behalf of four employees but which could affect at least 700, claims workers were fired last fall without the 60 days notice required under the Worker Adjustment and Retraining Notification, or WARN, Act. The action seeks back pay and benefits.

[SUN-SENTINEL]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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David J. Stern, DJSP Enterprises et al Can Be Sued as “Single Employer” Under WARN Act, Says Judge

David J. Stern, DJSP Enterprises et al Can Be Sued as “Single Employer” Under WARN Act, Says Judge


RENAE MOWAT e t al.,

v.
DJSP ENTERPRISES, INC., et al.,

Excerpt:

B. Stern and DJSPA as “Employers” under Single Employer Test

Plaintiffs argue that WARN Act liability is imputed to Stern and DJSPA under the single employer test. Stern and DJSPA contend that Plaintiffs fail to sufficiently allege all the elements of the single employer test.

Two or more affiliated businesses which constitute a “single employer” may be held jointly and severally liable for violations of the WARN Act. Pearson v. Component Tech. Corp., 247 F.3d 471, 478 (3d Cir. 2001). The Department of Labor (“DOL”) regulations issued under the WARN Act provide that two or more affiliated businesses may be considered a single business enterprise for WARN Act purposes. 20 C.F.R. § 639.3(a)(2). The regulations provide a five-factor balancing test to assess whether affiliated businesses constitute a “single employer,” which would subject them to joint liability under the WARN Act. See Pearson, 247 F.3d at 478.

The five DOL factors are as follows: (1) common ownership, (2) common directors and/or officers, (3) unity of personnel policies emanating from a common source, (4) dependency of operations, and (5) de facto exercise of control. Id. at 487– 490; 20 C.F.R. § 639.3(a)(2).

Plaintiffs adequately allege the five elements of the single employer test.

Continue below…

[ipaper docId=54251722 access_key=key-26fos8g056elwn136gtp height=600 width=600 /]

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