Ann Groninger Wins in Fourth Circuit for Underpaid Workers
In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week. They brought claims under the Fair Labor Standards Act (FLSA) and North Carolina Wage and Hour Act (NCWHA) based on the failure to pay overtime. The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf the other...
Read MoreReply Brief Filed for Simmons Appeal in Fourth Circuit
In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this reply brief with the Fourth Circuit Court of Appeals in this wage and hour case. See here for a summary of the case. Ann Groninger along with Burton Craige and Narendra Ghosh of Patterson Harkavy LLP are representing the plaintiffs, who are seeking to remedy the company’s failure to pay overtime to themselves and other Junior Asset Managers. Here is a summary of our argument to the Court: “From the beginning, the named plaintiffs in this case have sought to recover rightly-earned wages and overtime...
Read MoreBrief Filed for Underpaid Workers in FLSA Appeal to Fourth Circuit
In Simmons v. United Mortgage and Loan Investment, LLC, we have filed this opening brief with the Fourth Circuit Court of Appeals in this wage and hour case. The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week. They brought claims under the FLSA and NC Wage and Hour law based on the failure to pay overtime. The primary issue is whether the plaintiffs will be able to pursue their case as a collective and class action on behalf the other underpaid workers at the company. The...
Read MoreStudy Shows that Low Wage Workers are Subject to a Host of Employment and Labor Law Violations
A new study, “Broken Laws, Unprotected Workers,” shows that employers routinely violate the employment rights of low wage workers, with frequent violations of the wage and hour laws, workers’ compensation laws, and anti-retaliation protections. (The original study is here; a summary of the study is here.) Here are some of the startling findings: 68 percent of the workers interviewed had experienced at least one pay-related violation in the previous work week, including failures to pay earned wages, at least minimum wage, or overtime pay. 26 percent of the workers had...
Read MoreFourth Circuit Finds for Plaintiff in FLSA Overtime Case
In Desmond v. PNGI Charles Town Gaming, the Fourth Circuit reversed the trial court, concluding instead that the plaintiff was not exempt from being paid overtime as an administrative employee. Under the Fair Labor Standards Act (FLSA), one of the “white collar” exceptions to the overtime requirement is the administrative exception. An administrative position is “office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers” that involves a significant amount of independant...
Read More
