Notices were mailed Monday, March 27, 2011, to current and former LAET's and LAE's who are eligible to join the lawsuit. Individuals who wish to make an overtime claim under federal law must return the enclosed Consent form to our office by Friday, May 27, 2011.
Hendricks v. Total Quality Logistics
Hendricks, et al. vs. Total Quality Logistics, LLC. This is an overtime pay case brought on behalf of current and former freight brokers (Logistics Account Executive Trainees and Logistics Account Executives) who were paid a salary or a draw against commissions. These employees worked very long hours but did not receive any overtime pay and are not exempt from overtime under the law. We seek to recover overtime pay for these employees.
On March 17, 2011 Judge Dlott approved sending a Notice of the lawsuit to LAE's and LAET's who have worked for TQL since February 14, 2008. The Judge approved the Notice, which describes the lawsuit, and the Consent form, which eligible employees can use to join the case. The Notice and Consent form will be mailed in the next two weeks. Any current or former LAET's or LAE's who want to join the overtime case will have 60 days to return the Consent form.
On Friday, March 11, 2011, Judge Dlott denied a motion filed by TQL to dismiss part of the complaint asserting claims under Ohio's overtime law. TQL argued that Plaintiffs could not pursue the Ohio claims in the same case with federal claims under the Fair Labor Standards Act. The Ohio overtime claims can be pursued in a traditional "opt out" class action, which means that all eligible former and current TQL employees can participate in the case unless they choose to opt out. In a FLSA case (federal law) current and former employees must "opt in" to the case. This issue has been raised in cases around the country. The Judge sided with our position, allowing state and federal claims to proceed in the same case.
Federal Judge Susan J. Dlott has ordered the attorneys for the parties to appear on February 14, 2001, for a Preliminary Pretrial Conference. Following a discussion about the case the Judge will set a case schedule governing further proceedings including the filing of motions and discovery.
As of December 1, 2010, 21 individuals have joined this case as party plaintiffs.