400K Plus FLSA Backpay Judgment
Persistence paid off for two former employees of a Las Vegas mini-vacation call center. A Clark County district court judge recently awarded declaratory relief totaling more than $426,000.00 in backpay damages, interest, fees and costs under the Fair Labor Standards Act for several years of unpaid overtime. The employees were misclassified as independent contractors, then incurred further losses joining their employer's ill-fated joint venture. After the employer sued for breach of contract, they filed various counterclaims including declaratory relief for unpaid overtime. As a remedial statute, FLSA shifts the burden of proving unpaid toil when the employer fails to keep proper timekeeping records under landmark US Supreme Court case Anderson v. Mt. Clemens Pottery Co. 328 US 680 (1946). Affidavit and deposition testimony coupled with text message transcripts provided sufficient evidence of the hours worked and unofficial company payroll to support backpay awards of $90,000 and $54,000, and equal amounts of liquidated damages, plus prejudgment interest, attorneys fees and costs. Thompson v. Douglas, A-17-749004-C.
Practice area(s): Employment / Labor, Civil Litigation
Court: Eighth Judicial District Court