Wage & Hour Disputes
Branstetter, Stranch & Jennings represents working people, either individually or as part of a collective action, alleging violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA), as well as other state and federal statutes. Our firm has litigated cases on behalf of employees in virtually every business sector on a broad array of wage and hour violations, including overtime pay, “off-the-clock” work, automatic wage deductions, independent contractors, and exemption requirements under Tennessee law.
The FLSA is the backbone of federal wage and hour law, regulating minimum wage, overtime pay, equal pay and child labor. Its overtime requirements are the most significant contributor to wage and hour violations and litigation. Under the FLSA, plaintiffs can recover double the amount of actual damages and attorneys’ feels. However, the FLSA is not set in stone and the law changes. Litigation success heavily depends upon staying on the cutting edge of these changes and of developing case law.
Obtained preliminary approval of settlement in a hybrid FLSA collective and Fed. R. Civ. P. 23 class action which alleged minimum wage violations resulting from under-reimbursed vehicle costs incurred on the job, in violation of federal and state wage and hour law. Final approval anticipated early 2021. Ditsworth v. P&Z Carolina Pizza, LLC, dba Papa Johns, et al., Civil Action No. 1:20-CV-00084-GNS (W.D. Ky.)