LOUISVILLE — The Kentucky state Supreme Court recently cleared the way for residents to bring class action lawsuits against employers to recover back pay and overtime wages. Until recently, Kentucky state laws only carved out very narrow exceptions for citizens to join in class action complaints to recover damages as a group and the far reaching ruling could potentially open up a state university to litigation over its labor and pay practices.
The Kentucky Supreme Court examined the language of state statute KRS 337.385, which covers labor and wage laws in the state and does not specifically allow employees to band together in a class action to recover all their wages in one action. The justices ruled that another state law providing limited instances in which class actions were allowed were not comprehensive enough to apply to the statute on wage and labor claims.
By reversing rulings from two lower courts, the Kentucky Supreme Court breathed new life into an unpaid overtime lawsuit brought forth by an admissions officer for Sullivan University in Louisville. The plaintiff originally filed her lawsuit in 2010 in Jefferson Circuit Court seeking back pay and unpaid overtime under the federal Fair Labor Standards Act (FLSA).
After settling part of the case with the Department of Labor (DOL), the case was sent back down to the Jefferson Circuit Court but eventually dismissed by both the county Circuit Court and the Kentucky Court of Appeals. The plaintiffs proposed class action lawsuit hoped to proved that she and other recruitment employees were improperly classified as overtime exempt by the university and should be paid one and a half times their average hourly rate of pay for time spent above the 40-hour overtime threshold.
The case is another example of the lengths many employers will go avoid taking responsibility for wage theft and other illegal wage practices which serve to increase the bottom line of large corporate entities at the expense of ordinary employees.
Unpaid Overtime Class Action Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you 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.