Recently, in June of 2010, the United States District Court for the Northern District of Ohio heard a case regarding FLSA unpaid overtime wages for a class action. (See Rotuna v. West Customer Management Group, LLC, 2010 WL 2490989 (N.D.Ohio). In Rotuna, the Plaintiff filed his FLSA overtime case and did so on behalf of himself and all other similarly situated making it into a class action case. Plaintiff was employed by Defendant as a customer service representative. Id. Plaintiff alleged that he was required to perform unpaid work before clocking in each day in that he had to boot up his computer (and open numerous software programs) every day before he could clock in and thus felt that he was actually working for Defendant before he technically “clocked-in” and thus was entitled to payment for this time that he was at work. Id. A Kentucky overtime and unpaid wages attorney can review your claim to see if you qualify for such compensation.
Plaintiff worked for Defendant between February and July of 2009. He filed his lawsuit on July 14, 2009. Between September 2009 and January 2010, Plaintiff’s FLSA attorney and Defendant’s employment lawyers attempted to reach a settlement. Id. The FLSA overtime matter was finally settled and notices were sent out to all 1778 class members.
The Court approved the settlement after taking into account the factual and legal complexity of the case and that there was no guarantee that the Plaintiff and the rest of the class would prevail at trial. Further, it is up to the Court to make sure the settlement proceeds are distributed equitably. Id. This is what is done in all Kentucky overtime and unpaid wages cases.
As to the attorneys’ fees, the settlement agreement was to pay the Plaintiff’s attorneys one third of the total settlement. Id. This Court after reviewing the facts of the case held that the attorneys’ fees provision was fair. All the plaintiffs in this overtime for unpaid wages case knew that the attorneys would get one-third of the settlement. Id.
If you have been the subject of Kentucky Overtime and Unpaid Wages for some type of mandatory meeting, please call and speak to a Kentucky overtime and unpaid wages lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.
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