Tuesday, June 10, 2014
BIRMINGHAM, AL (PRWEB) June 10, 2014
In a decision filed today, in Ingram, et. al. v. Wesley G. Passmore and Passmore Towing & Recovery, No. 14-0004-AKK, District Court Judge Abdul K. Kallon granted Plaintiffs’ motion seeking conditional class action certification under the Fair Labor Standards Act, 29 U.S.C. § 216(b). The Plaintiffs, who are tow-truck operators, alleged that Passmore misclassified them as independent contractors and refused to pay them the minimum and overtime wages they earned.
Noting that the standard for certification is “not particularly stringent,” “fairly lenient,” and “flexible…,” the Court ruled that Plaintiffs “have met their exceedingly light burden.” In granting Plaintiffs’ motion, the Court recognized thatPassmore’s reliance on its belief that they properly classified their tow-truck operators as independent contractors was premature at this stage. The Court did deny a similar motion for a class of office workers because no one other than the office staff workers named in the lawsuit has joined the action at the time of the motion. Passmore Towing & Recovery, based in Hueytown, Alabama, with locations elsewhere, provides towing, recovery, and roadside assistance in Alabama and elsewhere.
Johnson Becker, PLLC in Minneapolis, MN, and Sommers Schwartz, P.C. in Southfield, MI, filed this case on behalf of the Plaintiffs. The case is currently pending before Judge Abdul K. Kallon in the United States District Court for the Northern District of Alabama, Southern Division. David H. Grounds and Jacob R. Rusch of Johnson Becker PLLC; and Jason J. Thompson of Sommers Schwartz, P.C. are representing the Plaintiffs in this action.