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Bill Tucker

Working "Off The Clock" May Entitle Workers to Overtime Compensation

A recent Department of Labor investigation against a Municipal Sheriff’s Department illustrates how requiring employees to perform work-related activities prior to “clocking in” violates the unpaid overtime provisions of the Fair Labor Standards Act. The Sheriff’s Department required its deputies to attend meetings at the start and end of the workday, but did not include this time in…

Bill Tucker

More and More Computer Workers Seeking Overtime Pay(2)

A significant trend in wage and hour law is the number of Computer and IT workers, particularly those in the service industry, who are filing lawsuits seeking to recover unpaid overtime. Many employers mistakenly regard overtime pay as a benefit available only to “blue collar” workers, and misclassify high-tech employees as exempt from the overtime pay requirements of the Fair Labor Standards…

Bill Tucker

Mortgage Loan Officers File Suit for Unpaid Overtime

Loan Officers for American Equity Mortgage recently filed a national class action lawsuit alleging that their employer misclassified them as exempt from the Fair Labor Standards Act, and seeking recovery of unpaid overtime compensation. This lawsuit is part of a growing trend of lawsuits filed by “white collar” workers in the financial, pharmaceutical, computer, IT, service and other industries…

Bill Tucker

Lowes Faces Another Unpaid Overtime Lawsuit

A Texas woman has filed a class action against Lowes Home Center alleging Lowes violated the overtime pay requirements of the Fair Labor Standards Act. The woman, who was a warehouse employee at a regional distribution center, claims that Lowes owes her unpaid overtime, and did not credit her for time that she performed required work for Lowes before and after her scheduled shift, including…

Bill Tucker

Texas Company Pays More Than $1.5 Million in Unpaid Overtime Wages

McLane Co., Inc., a wholesale distributor of food and grocery products, has agreed to pay $1,559,316 in unpaid overtime wages to 570 current and former employees after the Department of Labor found that the company had misclassified the employees as exempt from the overtime pay requirements of the Fair Labor Standards Act. The company had erroneously classified the employees, who were “retail…

Michael Phelan

Collective Wage and Hour Claims for Pharma Sales Reps

A number of pharmaceutical companies, including Roache Laboratories, Inc., Abbot Laboratories, Inc., Eli Lilly & Co., Pfizer, Inc., Merck & Co. Inc. and GlaxoSmithKline Plc, are facing wage-and-hour suits filed on behalf of their sales representatives. Our firm recently filed such a case against Solvay Pharmaceuticals Inc. claiming the company failed to pay hundreds of sales representatives…

Michael Phelan

Butler Williams Wins Important Unpaid Overtime Decision

We are pleased to report that, today, our law firm received a favorable Fourth Circuit Court ruling for a client establishing a claim for a company’s retaliation against former employees who claim unpaid overtime compensation. The controlling law which requires the payment of overtime for all hours worked over 40 per week, the Fair Labor Standards Act (FLSA), contains separate retaliation…

Michael Phelan

Wage and Hour Claim Costs Company $10 Million

The Fair Labor Standards Act (FLSA) provides that the vast majority of employees are entitled to overtime pay at “time and a half” for every hour worked beyond 40 hours in a week. The FSLA is complex, and many employers violate both the FSLA and state laws governing overtime pay. The penalties for violating the overtime pay laws are recovery of two to three years of unpaid wages, liquidated…

Michael Phelan

Wal-Mart Wage & Hour Class Action Largest Ever

The largest wage-and-hour class action ever certified in Washington state is set for trial in the spring of 2009. The statewide class action is against retail giant Wal-Mart, and it includes 75,000 current and former employees. Any worker employed at Wal-Mart or Sam’s Club between September 10, 1997 and the present is automatically a member of the class. The complaint alleges Wal-Mart…

Aubrey Ford

Convenience Store Chain Sued for Unpaid Overtime

A class action lawsuit has been filed in the United States District Court in Iowa by two assistant managers accusing Casey’s General Stores, Inc. of refusing to pay them overtime that they earned. The assistant managers worked at a store in Iowa and claimed that they were required to work several hours per week off the clock. This accumulated to hundreds of hours over a three-year period. The…