Scholly v. JMK Plastering, Inc.

John A. Gallagher

Practice Area:Employment / Labor

Outcome:Won Overtime Retaliation Case

Description:In this case, our client had sought overtime payments after the company, which was very busy, switched him from an hourly pay rate to a salary. That way, he would earn less while on salary during the weeks that he worked 50-60 hours then if he had been paid on an hourly basis, which the company would do during slower periods. The employer tried to have the case thrown out of court, but the judge upheld the employee's right to sue for wrongful discharge under the Fair Labor Standards Act where, as here, the employer retaliates against an employee who seeks overtime payment by firing the employee. The issue of whether an employee can sue for retaliation under these circumstances was not always clear in this jurisdiction prior to this decision.

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