CASE STUDY: OVERTIME PAY CASE
The Problem
Our client (“the Company”) was a successful distributor of food products to restaurants. The Company maintained a large fleet of trucks to make deliveries continuously to restaurants throughout a large metropolitan area. By the time the Company called us, it had already been audited by the Department of Labor, which had hit the Company with an assessment for unpaid overtime that was in the high six figures.
The Resolution
We carefully reviewed the job descriptions of all the Company employees that the Department of Labor (“DOL”) felt had been paid improperly. We succeeded in convincing the DOL that the Company’s drivers and the workers who supported them were covered under a little-known exemption from overtime pay requirements. This eliminated the bulk of the assessment. We then reviewed the timekeeping and pay records of the remaining employees involved and were able to further reduce the assessment by negotiating with the DOL on a case-by-case basis. The client’s costs were reduced more tenfold, even after legal expenses were taken into account.
Case studies are provided by Greenwald Doherty for informational purposes only. They do not contain legal advice, nor are they to be used as a substitute for legal advice. Fact patterns vary tremendously from one case to another, and potential outcomes depend on the particular elements and details present in each individual case. No result in any future action can be guaranteed, regardless of any superficial resemblance to any case described in a Greenwald Dohertycase study.