What is This Case About?
On January 6th, 2014, Melissa Monday filed suit against Samson Heavy Hauling Company, Inc. and Charles Fowler. Monday was paid a salary and classified as exempt from the Fair Labor Standards Act, but that she performed job duties inconsistent with an exempt employee. Monday worked as the Assistant to the Safety Director, and her duties included dispatching trucks, completing audit logs, typing maintenance reports, and compiling drivers’ qualification files.
Monday also claims that she was paid hourly for a period of time, and that during that time, her employer changed her timecard to reflect fewer hours worked than were actually worked. Monday was not paid according to federal law and is entitled to overtime as a result of her alleged misclassification and altered work time records.
What is in This for Me?
Employees are entitled to be paid overtime for all hours worked in excess of 40, unless they are exempt from the Fair Labor Standards Act. Moreover, the law allows the court to double these amounts if Samson Heavy Hauling Company, Inc. and Charles Fowler are found to be in violation of the Fair Labor Standards Act.
Am I Eligible?
To be eligible for this lawsuit you must:
(1) Currently work or have worked for Samson Heavy Hauling at any time in the past three years; and
(2) Fall into either of the following categories:
a. You have been paid an hourly wage and have not been paid for all hours worked; or
b. You were employed as an Assistant to the Safety Director or in any similar position.
If you are unsure if you qualify for this case, you may call us Toll Free at (855) 825-5916.
How Do I Join This Case?
To make a claim in this action under federal law, call use Toll Free at (855) 825-5916.
What Time Frame Does This Case Cover?
There is federal statute of limitations in this case that allows you to recover pay for overtime hours worked within 2 years of signing up by completing a consent form and returning it to use. If we can prove the company willfully violated the law, the statute of limitations may be extended to 3 years.
Do I have to Pay Anything?
You do not have to pay anything to our firm if you join the lawsuit. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment.
How Do I Prove I Worked Overtime?
Where the employer does not keep accurate time records, most courts permit the employee to make a good faith estimate of overtime hours. If you feel that you have an overtime claim, you do not need to have proof of the hours you worked, and a court will generally accept a good faith estimate of your hours.
How Long Will This Case Take?
The length of lawsuits varies from case to case. This type of lawsuit typically lasts from one to two years, but the actual length may vary.
Can My Employer Fire Me if I Decide to Join This Case?
The law protects you from retaliation for asserting your rights, and if you suffer retaliation, you may be able to assert additional claims. If you currently work for Samson Heavy Hauling Company, Inc. and you feel you are the victim of retaliation for participating in this lawsuit, contact us immediately.
We are looking for the following information:
- The names of current or former employees who have worked for Samson Heavy Hauling Company, Inc. in the past three years;
- Any documents or records relating to your claim that you worked off the clock or were not properly compensated for overtime; and
- Anything that leads you to believe that Samson Heavy Hauling Company, Inc. knew about overtime wage violations.
If you have any information that may assist us with this case, please contact TOLL FREE (855) 825-5916.
John Holleman
Holleman & Associates
1008 West Second Street
Little Rock, AR 72201
501.975.5040 LR LOCAL
855.825.5916 TOLL FREE
501.975.5043 fax
jholleman@johnholleman.net
www.hollemanandassociate.com
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