According to a new lasuit, in August of 2011, David Sakich, Kevin Holton, Scott Jones and Todd Hammond as well as others facing a similar situation filed a suit against Sheriff Randall Boyce and the county under the Fair Labor Standards Act claiming that they were denied overtime as well as straight time pay and worked “off the clock.” They also claim they were retaliated against for bringing up the issue. Sakich and Holton also claim that they were demoted from positions as detective to patrol duty for whistle blowing activity. They later requested a preliminary injunction to prevent retaliation against others who may want to be a part of the lawsuit. Jeremy Beech, a maintenance worker joined the federal lawsuit two weeks later.
A federal judge has granted the detectives motion for a hearing on their preliminary injunction request as well as their motion for a case management conference in the lawsuit. The judge has told both sides to be prepared to present proof during the upcoming hearing, scheduled for January 5th, 2012, related to the factors the judge must weigh in considering the detectives motion for the injunction. The judge also stated that after the hearing if it is warranted, he will conduct a scheduling conference in the case.
However, the judge also told both sides of the case to discuss whether they will consent o have a U.S. magistrate judge conduct all further proceedings in the case, including trial and entry of a final judgment. The judge has also recommended that both sides become familiar with the judicial preferences of the judge before attending the scheduling conference.
Cases similar to this one happen all too often to employees all across the United States and even right here to Tennessee employees. If you or someone you know feels that you have not been properly paid for your overtime, then we encourage you to contact one of our compassionate and experienced Tennessee employment overtime pay attorneys immediately. We will work with you to see to it that you get the compensation you are entitled to by law.