CLEVELAND — Cuyahoga County is expected to vote soon over a proposed settlement to an overtime lawsuit filed by the county’s sheriff’s department over the manner overtime payments and hours were calculated.
The overtime lawsuit, brought under the Fair Labor Standards Act, was brought in November 2014 and alleges system-wide shortcomings in the local government’s payroll accounting.
Under a refreshed county government, local leaders are working to correct the payroll accounting issues and furbish county employees with the hard earned money they deserve. Members of the suit include 411 phone operators, past, and present sheriff’s department deputies, corrections officers, and Protective Services Officers.
The lawsuit names three specific classes of individuals who should be reimbursed for overtime under federal law and the county’s agreement with its employees. Claimants in the overtime lawsuit include:
- Former and current non-exempt county employees who received a non-discretionary bonus payments. Bonuses were allotted for such acts as dual-language proficiency, seniority, or tenure of service
- Employees who earned compensatory time in lieu of overtime payments who lost this compensatory time due to the county’s failure to properly log the hours worked
- Hourly county employees who were not paid overtime
In addition to the back overtime pay, compensatory time, and bonuses, the county will also make payments to the Ohio Public Employees Retirement System for those hours worked. The lawsuit also sought reasonable attorney’s fees to cover their cost of litigating the matter.
Willful Violations of the Fair Labor Standards Act
The suit alleged that the Cuyahoga County government willfully violated the FLSA because it was aware of the shortcomings with its payroll system yet failed to make improvements. The FLSA holds that all employers must keep and preserve records of wages, hours, and other practices of employment.
Under FLSA, employers must keep these payroll and wage records for each employee going back at least three years. Employees who feel as though they may have been cheated out of their legally owed overtime have up to three years to file claims in cases where employers willfully violated the FLSA.
Fair Labor Standards Act Overtime Wage Lawyers
You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees have a valid claim under FLSA and believe that your wage rights are being violated. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action.
We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.