Plaintiffs Sharer and Law were both salaried employees of Tandberg who worked, on average, over forty hours per week. Employees are not allowed to make up time by working extra hours or weekends, and pay is still docked even if the given employee worked more than forty total hours in the week. If no vacation or sick time is available, then the employee’s pay is docked. If a salaried employee works less than eight hours in a day, that employee is required to report the actual number of hours worked and count the hours missed as vacation or sick time. However, salaried employees of Tandberg are instructed not to report hours worked on holidays, weekends, or on weekdays in excess eight hours, even if work is conducted. Salaried employees of Tandberg are required to submit time sheets noting the hours worked in a given day, and are required to work a minimum of eight hours per week day. The facts, as alleged by Plaintiffs are as follows:
Plaintiffs have brought this action alleging that each of them have been aggrieved by Defendant’s policy for partial-day pay docking. Sharer (“Sharer”), Brandon Law (“Law”), and potential opt-ins either have been or currently are salaried employees of Defendant Tandberg, Inc.
For the following reasons, the Court will grant Plaintiffs’ motion, and upon amendment of Plaintiffs’ proposed interrogatory, require an answer from Defendant. This matter comes before the Court on Plaintiffs’ motion to allow notice to similarly situated employees of Defendant Tandberg, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE The court held that the employees were similarly situated and granted Mr. Under the Fair Labor Standards Act (FLSA), plaintiffs may institute a collective action for unpaid wages on their own behalf or the behalf of others employees against their employer.
Sharer alleged his employer illegally docked pay for hours worked less than eight hours in a day, but then refused to pay for any hours worked in excess of eight on other days. In the below opinion, the United States District Court for the Eastern District of Virginia granted The Employment Law Group® client Scott Sharer’s motion to allow notice to similarly situated employees, a key step in forming a class action lawsuit. Title: TELG Establishes Collective Action Under FLSA for Salaried Employees Court or Venue: United States District Court for the Eastern District of Virginia
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