Sommers Schwartz attorney Rob Ash, along with co-counsel, secured a settlement in lawsuit claiming that Florida-based ThinkDirect Marking Group violated the federal Fair Labor Standards Act by unlawfully withholding overtime compensation. The plaintiffs, employees working as Home Agent Sales Associates for the company, argued that the defendant failed to pay them for off-the-clock work comprised of logging into and out of the company computer systems and addressing technical support issues – up to 15 minutes or more of unpaid time per shift. During discovery, Rob cross-examined the defendant’s expert witness and elicited deposition testimony that undermined the company’s position. The case resolved before trial, and the judge approved the settlement less than one day after the motion for approval was filed. The plaintiffs received 100 percent of their back wages plus liquidated damages, and the defendant paid attorney fees totaling $143,000.
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