One of the worst things you can do when facing a lawsuit is to ignore legal paperwork that comes your way. As one employer recently learned, missing a single deadline can mean you have no defense and simply have to cough up damages.
Recent case: Michael worked as a valet for a parking service for about six months, earning $10 per hour, plus tips. After he quit, he sued, alleging that he had worked more than 40 hours every week and was therefore entitled to overtime. After the employer denied his allegations, he filed a so-called “request for admissions,” which listed all the facts Michael needed to win.
The employer never responded, so the court ruled the employer had effectively admitted everything. It then simply calculated how many extra hours Michael had worked and figured out the missed overtime. (Alford v. State Parking, No. 3:13-CV-4546, ND TX, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Exempt or nonexempt? Forget 50% rule for store managers who must multitask
- Employees sent on weekend training time: Does that affect their overtime pay?
- FLSA would cover home health care workers
- White-collar OT rule likely in effect by summer