Employment and FLSA Litigation - Written by Beasley Allen on Thursday, March 15, 2012 8:03 - 0 Comments
Gerald Davis was a long-haul truck driver for Louis Broadwell, LLC in Charleston, S.C. He was a “leased” employee and Broadwell had leased him through PeopLease Corporation. Davis and the other truck drivers for Broadwell were compensated based upon a percentage of the company’s revenue for each load. Broadwell would then designate a portion of the compensation as a “per diem” payment. Specifically, Broadwell and PeopLease designated $52 per day in compensation as a per diem payment.
Our law firm, along with the Strom Law Firm in Columbia, S.C., has filed a class action lawsuit against PeopLease and Broadwell, alleging the Defendants failed to pay Davis and other truck drivers minimum wage. That was because the daily per diem payment should have been excluded when calculating their regular rate of pay – rather than included. The drivers were not paid minimum wage in accordance with the Fair Labor Standards Act.
On October 12, 2011, Judge Richard M. Gergel issued an Order agreeing with our contentions, granting summary judgment in favor of Davis. The judge found that the $52 daily per diem payment should have been paid over and above Davis’ regular pay. Judge Gergel ruled that the Defendants’ inclusion of the per diem in Davis’ regular rate of pay violated the FLSA. The Defendants, Broadwell and PeopLease, filed a Motion to Reconsider. That motion was denied by Judge Gergel on December 14, 2011.
On January 18, 2012, Judge Gergel issued an Order granting Davis’ Motion to Certify the case as a collective action. The case has now been scheduled for trial on or after June 18, 2012. Since Judge Gergel has already issued a judgment in favor of Davis and the class, the only issues remaining to be determined are damages and attorneys’ fees. Bill Hopkins, a lawyer in our firm’s Consumer Fraud section, and Robyn Madden, a lawyer with the Strom Law Firm, are representing the Plaintiffs in this case.
In another case, the Supreme Court of Arizona recently affirmed the certification of a class of truck drivers, who were not paid minimum wage, against Swift Transportation. If you or someone you know is a long distance truck driver and has questions regarding compensation, contact Bill Hopkins, a lawyer in our firm, at 800-898-2034 or by email at Bill.Hopkins@beasleyallen.com.
Leave a Reply
- Testosterone Multidistrict Litigation Has Been Formed
- Favorite Bible Verses
- Exploding Airbags is the Next Hidden Danger Lurking on the Horizon
- An Update on the Firm's Mass Torts Litigation
- The Travis Grant Story Is A Good One
- The Civil Justice System Does Make a Difference
- BP's Stay Request Fails Before the Supreme Court
- Favorite Bible Verses
- Eight Car Makers Join in the Recall of Exploding Airbags
- The Deepwater Horizon Claims Program is Up and Running Again
- Favorite Bible Verses
- Pollution Plagues The Water In Alabama
- New York Appeals Court Decisions May Impact Fracking Nationwide
- The Prices Of Generic Drugs Are Going Up
- John Hopkins Settles Pelvic Exam Lawsuits For $190 Million
- An Update On Boating Accidents
- There Were 10 Deaths And 123 Injured During 4th Of July Travel Period In Alabama
- Tracy Morgan Files Suit Against Wal-Mart
- OSHA Issues Safety Violations To Bridge Company
- Investigators Say Overloaded Storage Bins Caused Building Collapse
- Jury Returns $15 Million Verdict Against The Los Angeles Dodgers
- Safeguards Needed To Protect The Public Against Predatory Lenders
- Ford sucks! for not recalling this issue... I am on my second replacement.
- Both my front window regulators crapped out on my 2004 f150 back in 2007. Haven...
- I would like to join this lawsuit, I was a manager for 3+ years. I worked many ...
- I was a store manager at a Dollar General in Jackson, GA. I worked an average o...
- I just confirmed these tires are on my 1999 Damon Intruder 35' RV.
- August 18th they go before the courts to get the settlement amount approved. The...
- CALL ASAP JEANNE Wright at 904 -514- 2572...
- Need more info. On cardinal health driver lawsiut!...
Recent Settlements - Feb 9, 2012 7:09 - 0 Comments
More In Recent Settlements
- A Further Update On The AWP Litigation
- Firm Reaches Settlement In Fort McClellan Radio Tower Collapse Case
- Firm Reaches Settlement In Sikorsky Helicopter Crash
- The Philadelphia Story
- St. Croix, Virgin Islands Settlement
Product Liability - Aug 1, 2014 14:22 - 0 Comments
More In Product Liability
- NHTSA Finally Issues A Rear Underride Standard
- Dangers Associated With Portable Bed Handles
- A Danger in Your Home Is Hiding In Plain Sight
- Joan Claybrook Recalls Important Product Safety Issues She Dealt With As Head Of NHTSA
- GM Stops Sales Of Some Cadillacs Over Ignition Issue
Recalls Update - Aug 1, 2014 12:23 - 0 Comments
More In Recalls Update
- Unique Pharmaceuticals, Ltd. Recalls All Sterile Compounded Preparations Within Their Expire Period
- Dream On Me Recalls High Chairs Due To Strangulation And Fall Hazards
- Oeuf Recalls To Repair Cribs Due To Entrapment Hazard
- Fiberglass Boom May Conduct Electricity
- Porter-Cable Fixed-Base Production Routers Recalled Due To Electrical Shock Hazard