The law is pretty clear on this issue: hourly employees by and large are not exempt from the overtime laws, and they are entitled to time-and-a-half overtime pay.
Cleveland, OH (PRWEB) February 21, 2012
On February 17, 2012, plaintiff Donna Kiessel, represented by Nichols Kaster, PLLP, filed suit in federal court against her former employers, the Corvus Group and RSM McGladrey, alleging that the companies failed to pay proper overtime wages to her and all similarly situated employees, in violation of the Fair Labor Standards Act.
The lawsuit claims that the Corvus Group and RSM McGladrey violated federal wage and hour law by failing to pay time-and-a-half overtime to asset managers, servicing professionals and other similar positions that supported the FDIC with bank closings and other services. The companies paid these employees on an hourly basis, but violated the law by paying them only “straight time” for their overtime rather than the required time-and-a-half, according to the Complaint.
The Corvus Group, a Maryland corporation with offices in Chicago, Illinois, provides receivership and advisory services solutions to public and private sector organizations throughout the country. RSM McGladrey, headquartered in Minnesota with multiple offices nationwide, is one the country’s largest providers of assurance, tax and consulting services. According to the Complaint, both companies partnered together on contracts to assist the FDIC with bank closings and asset management services on distressed loan portfolios nationwide.
Andrew Chase, who represents the plaintiffs, stated, “The law is pretty clear on this issue: hourly employees by and large are not exempt from the overtime laws, and they are entitled to time-and-a-half overtime pay. The defendants paid these employees by the hour, but improperly classified them as exempt and failed to pay them the proper time-and-a-half for their overtime hours. These employees worked long hours away from their families, and they deserve to be paid correctly according to the law.”
Kiessel is represented by Paul J. Lukas and Andrew G. Chase from Nichols Kaster, PLLP in Minneapolis, Minnesota, and Patrick J. Perotti and Nicole T. Fiorelli from Dworken and Bernstein Co., LPA in Painesville, Ohio.
The case was filed in federal court in the United States District Court for the Northern District of Ohio, and is titled Kiessel, et al. v. The Corvus Group, Inc. and RSM McGladrey, Inc. Court File No. 1:12-cv-00390.
Additional information about this case is available at http://www.nka.com or by calling Nichols Kaster, PLLP toll-free at (877) 448-0492.