Our lawyers have collected millions of dollars in back wages for clients who have been wrongly denied overtime pay. We represent both individuals and classes (groups of employees with similar claims) in litigation to recover back pay. These include cases where employers underpay or refuse to pay wages, and cases where employers misclassify employees as exempt from overtime when they entitled to overtime pay based upon their actual job duties. If you have questions about how you are being paid, we would be happy to talk to you confidentially.
Law Offices of Meizlish & Grayson
On March 22, 2019, Judge Barrett issued his Order & Opinion denying TQL’s motion to decertify the Ohio overtime claims in this case. After a lengthy analysis, the Judge rejected TQL’s argument that the claims of LAETs and Junior LAEs could only be decided on an individual basis. Instead, these claims presented a common legal question - whether these employees were misclassified by TQL as exempt from overtime - a question that could be answered by class-wide generalized proof. This long-awaited ruling by the Judge keeps the entire case intact and moving toward trial.
No ruling has issued yet on TQL’s motion to decertify the Ohio class action, which presents overtime claims under Ohio law. The motion has been pending before Judge Michael Barrett since late 2016. TQL previously filed a similar motion to decertify the Federal collective action, presenting claims under the Fair Labor Standards Act. Although the legal standards are slightly different between proceeding under State and Federal law, the theory of recovery remains the same, namely that TQL failed to pay overtime to the class members by misclassifying them as exempt.
The briefing on TQL’s motion to decertify the Ohio LAET and Junior LAE classes was concluded a little more than a year ago and the case submitted for decision. The Court, however, has not yet ruled on the motion. Class certification and decertification issues are legally and factually complex and it is not unusual for such motions to remain pending for this length of time. We expect a decision to issue soon and remain confident about the merits of the overtime claims in this lawsuit.
As is typical in class action litigation, TQL has challenged the class certifications of LAETS and Junior LAEs in this case. TQL’s motion to "decertify" was filed on July 1.We filed our opposition on September 1. Our brief presents lengthy factual and legal arguments supporting why a class action is the best way to litigate the Ohio overtime claims. TQL previously attempted, unsuccessfully, to decertify the "Federal" potion of this case. Its new motion repeats many of the same arguments in attempting to decertify the "State" portion.
Judge Barrett has issued a favorable decision on TQL’s motion to decertify the Federal overtime class. The decision permits the Federal case to go forward, but in two narrower classes, one consisting of LAETs employed after February 14, 2008, and a second of Junior LAEs employed after that date. Commission eligible LAEs are excluded from both classes. The ruling adversely affects individuals who opted in to the Federal case but were employed only as commission eligible LAEs after February 14, 2008.