VERNON, VT — A federal appeals court recently sided with workers from Entergy Vermont Yankee claiming their employer incorrectly classified them as overtime exempt employees and failed to pay thousands of hours in unpaid overtime wages.
The Second Circuit Court of Appeals determined the lower court was correct when it found that the company running the nuclear power plant where the employees worked improperly classified its security shift supervisors as overtime exempt workers.
The case began in 2009 when the class of workers were originally employed by third-party private security company Wackenhut Corporation, where they received overtime wages.
At some point, the security supervisors were hired in-house by Entergy Vermont Yankee and their overtime pay ceased.
The lawsuit was originally filed back in 2012 and a jury ruled in favor of the nuclear power plant’s workers two years later, but Entergy Vermont Yankee appealed the verdict.
A U.S. District Court affirmed the original ruling on appeal in 2015, but the defendant challenged that ruling as well, setting the stage for the latest verdict in the U.S. Court of Appeals.
How Many Years of Back Overtime Pay Can I Receive?
Of significance in this case was the fact that the appeals court determined that Entergy Vermont Yankee wilfully violated federal overtime pay laws, extending the recoverable time period for lost wages from two years to three years.
The plaintiffs could be entitled to 5,500 hours of back overtime pay totaling up to $535,000.
Typically, there is a two-year statute of limitations on unpaid overtime wages. What this means is that even if an employee was unfairly denied overtime pay, he or she is only able to recover a maximum of two years of pay.
The one exception to this rule is if a court deems the employer acted in bad-faith and knowingly withheld the pay, the employee may be able to recover an additional year of back overtime pay for a total of three years.
Do I Have an Overtime Pay Lawsuit?
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 believe that your wage rights are being violated under the FLSA.
Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.