A New Jersey employee enjoyed a recent court victory when she was awarded overtime which her employer originally denied. In August, 2011, Ashley McMaster filed a wage-and-hour lawsuit against her employer, Eastern Armored Services Inc., claiming that the company violated the Fair Labor Standards Act (FLSA) by improperly classifying her as ineligible for overtime pay under the Motor Carrier Act Exemption of the FLSA.
In her lawsuit, McMaster claimed that she regularly worked more than 40 hours per week, but was not paid more than her standard hourly rate for overtime hours. In March, 2015, a New Jersey federal judge ruled in McMaster’s favor, stating that she was not barred from collecting overtime pay by the Motor carrier Act Exemption. The judge made the ruling based on the fact that the employee was able to prove that 49% of her days working for Eastern Armored Services Inc. were spent driving a noncommercial vehicle, a position classified under the FLSA as non-exempt, and eligible for overtime pay.
Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green are skilled negotiators and litigators who represent employees who have been denied overtime throughout Southeastern Pennsylvania. Contact Sidkoff, Pincus & Green online or call 215-574-6000 for all your Philadelphia employment law matters.