Posted on Friday, March 5 2010 at 9:18am
Young won a resounding victory in the Second Circuit Court of Appeals in this case. The Circuit Court upheld the District Court’s finding that Cameron had not only failed to pay Young overtime, but had done so willfully. Accordingly, Cameron was required to pay, and did pay, Young $ 114,455 in back pay and damages in addition to the costs and fees of bringing Young’s claims. Click here for the appellate decision (.pdf 80KB).
Posted on Tuesday, November 18 2008 at 10:40am
On October 31, 2008 a U.S. District Court found that Cameron willfully violated the Fair Labor Standards Act by not paying an employee overtime wages and awarded $ 114,455 in back wages and liquidated damages to the employee. The Court also ordered Cameron to pay the employee’s reasonable attorneys’ fees and costs.
Young brought this action claiming that Cameron had improperly denied him overtime pay from July 2001 through March 2004 when he worked for the Company as a "Product Design Specialist". The U.S. District Court for the Southern District of New York had previously found that Cameron violated federal law by not paying overtime wages to Product Design Specialists, including Young, and that Cameron had not acted in good faith in doing so. Two issues were left for trial: whether Cameron willfully violated federal law, and the overtime hours Young worked.
The Court found that Cameron willfully manipulated Young’s title to avoid paying him overtime wages. In doing so, the Court found Young’s testimony credible and consistent with the evidence, and the testimony of Cameron’s witness "not credible in light of Young’s testimony and the documentary evidence." The Court also noted that Cameron’s representative, a director in human resources, believed that the Court was wrong in finding that Product Design Specialists are not exempt employees. In its papers, Cameron indicated that it still does not pay overtime wages to Product Design Specialists.
Although Cameron had failed to keep records of the hours that Young actually worked, the Court also found Young’s testimony regarding his hours of work credible and consistent with e-mail and records of his computer activity. Click here to see a copy of the Court’s Order (.pdf 229KB).
Posted on Wednesday, September 26 2007 at 5:46pm
In a major victory for Plaintiff, Judge Laura Taylor Swain found that Plaintiff, a Product Design Specialist for Defendant Cooper Cameron, was not an exempt employee under the FLSA and that Cooper Cameron is liable for liquidated damages for any unpaid overtime. Accordingly, Cooper Cameron is liable to pay Plaintiff Young back overtime wages for any overtime hours he worked. The company also must pay Plaintiff Young liquidated damages in an amount equal to the unpaid wages. The only issue left for the Court to decide is how many overtime hours Plaintiff Young. To view the decision, click here: Summary Judgment Order (.pdf 155KB).
Posted on Friday, June 9 2006 at 2:47pm
The Plaintiff scored a major victory when Magistrate Judge Gorenstein issued a Report and Recommendation finding that the Plaintiff is due overtime wages under the Fair Labor Standards Act for overtime hours that he worked. The Court also found that the Plaintiff is due liquidated damages in an amount equal to any back wages that are due. We expect the District Court Judge to adopt Magistrate Gorenstein’s thorough and well reasoned Report and Recommendation. At that point, the only material issue remaining will be how many overtime hours the Defendant is liable for. Click here to view the Report and Recommendation (.pdf 102KB).
Posted on Thursday, June 9 2005 at 2:42pm
Answers to Common Questions
What claims are covered in this lawsuit?
The lawsuit only covers claims for overtime pay under the federal Fair Labor Standards Act. The specific violations claimed are 1) that the defendant fails to pay overtime to PDSs.
What damages are sought?
Under the overtime law, back pay and an equal amount of liquidated damages are claimed for each violation.
How far back can claims be made?
You are entitled to claims for the period extending back three years from the date your Consent To Sue Form is filed in Court. The defendant will be entitled to argue that its violations were not wilful and that it claims should only be limited to a two year period preceding the filing of your Consent To Sue Form. This two or three year period is called the "statute of limitation."
Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. When plaintiffs win an overtime case, the defendant must pay the plaintiffs’ costs and attorneys fees.
Can I wait to file my Consent To Sue Form?
You are not part of the case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and then filed with the Court. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the "statute of limitation." If you do not return the form within 60 days of the date on the collective action notice, the Court may not allow you to join this case.\
Can Cooper Cameron fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, Cooper Cameron would be liable for double the injury caused to the employee. Notify us immediately if you think any retaliation occurs. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties.
What locations are covered by this lawsuit?
Past and present PDSs from every worksite nationwide in the U.S.A. may be included in this lawsuit.
Posted on Thursday, June 9 2005 at 2:33pm
Judge Gabriel Gorenstein has issued a decision allowing the case to proceed as a collective action for all Product Design Specialists, including those in Grades I, II, and III. The Court directed Cooper Cameron to provide names and addresses for all PDS employees working within the last three years, so that these employees may join this action to collect overtime pay and liquidated damages.
Posted on Tuesday, March 8 2005 at 4:43pm
Click here to review a copy of the plaintiff’s Complaint (.pdf 130KB). Product Design Specialists who wish to join this case, should contact the Getman Law Office directly.