Judge Grants EMT’s Motion For Conditional Class Certification In Unpaid Overtime Case

In 2018, a group of five Emergency Medical Technicians (EMTs) filed a lawsuit in the U.S. District Court of Detroit against Livingston County and the Livingston County Board Of Commissioners, alleging that they and other EMTs are owed unpaid overtime.

Did Poor Scheduling Result In Unpaid Overtime?

According to the plaintiff’s legal complaint, they are seeking “damages for all unpaid wages and overtime compensation” and “further relief as this Court deems appropriate.”

They further allege that it is the scheduling system is what resulted in many EMTs working overtime, however, the county doesn’t count some of these hours as actual time worked, which is why the county denies the EMTs overtime pay.

The case is currently in the discovery phase, during which both sides will gather as much evidence as possible. The case is scheduled to go to trial on December 2nd, 2019.

Motion Filed For Conditional Class Certification

The plaintiffs filed a motion requesting to obtain conditional certification which essentially means that their legal action is taking place on behalf of all known or unknown EMTs who are “similarly situated”.

The court granted their request and certified the action as a collective action. According to court records, the action is on the behalf of “All Emergency Medical Technicians who worked for Defendants at any time between April 27th, 2015 and present and who worked at any time in excess of forty (40) hours per workweek”.

The motion also required the defendants to hand over the contact information for any EMTs who worked for them during that period of time so that the plaintiff’s legal team can contact them, informing them of their right to “opt-in” to the legal action.

Reasons Why You Should Consider Filing A Lawsuit

Over the years many employers have found incredibly complex ways to avoid paying their employees the real salary they are owed. You should consider seeking legal counsel and filing a lawsuit if:

• You aren’t being paid minimum wage.
• You work more than 40 hours a week but aren’t being paid “premium wages”.
• You have been paid overtime but not the correct amount.
• You aren’t being paid for the time you work when breaks are interrupted.
• You are entitled to overtime but your employer keeps telling you that you are exempt.

If you suspect any of the above applies to your life, contact Wage Advocates today for a case review.

Before You File A Complaint With The Department Of Labor, Speak With Our Legal Team

If you believe that your employer is failing to pay the correct wages, it might seem like a natural step to contact the Department of Labor and file an official complaint. While this isn’t necessarily a poor choice, it can have serious consequences.

One of those consequences is the inability to file a civil lawsuit. This means you won’t be able to pursue compensation through an unpaid overtime lawsuit.

This is just one example as to why you should always consult with an experienced lawyer before taking action.

I Filed A Lawsuit Now My Employer Is Withholding My Check – Can They Do That?

If you are pursuing legal action, your employer may try to find ways to punish you for standing up for fair pay. However, the FLSA prevents employers from retaliating, like firing an employee or withholding earned pay.

Under federal law, the money that you have earned is yours and no employer may refrain from providing it to you. If you believe your employer is attempting to punish you for your actions, contact Wage Advocates immediately. Further legal action may need to be taken.