Facts

Plaintiff Kelly Butler sued her former employer HomeServices Lending LLC, for failure to pay overtime in violation of the Fair Labor Standards Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was informed that her job with HomeServices would be in jeopardy if she continued to report the overtime she was working. Thereafter, plaintiff worked an average of 60 hours a week of which 20 hours were off the clock and went unpaid. Plaintiff alleged that HomeServices' management knew or should have known that she was working overtime without pay.

DEFENDANT'S CONTENTIONS:
HomeServices contended that plaintiff had been instructed to input her time accurately into the timekeeping system and that she should seek permission before working overtime. HomeServices contended that plaintiff had no valid excuse for failing to seek permission to work overtime and failing to accurately report her time. HomeServices also contended that plaintiff's manager was unaware that she had worked overtime and that she did not record it in the timekeeping system because he worked more than 50 miles away from plaintiff and timekeeping was processed by a third party.

Result

The jury found that HomeServices willfully violated the FLSA. The parties then stipulated that plaintiff is entitled to liquidated damages in the amount of $48,900.75 for a total judgment of $95,802 under 29 U.S.C. Section 260, if the defense motion for equitable estoppel is denied.

Other Information

The defense filed a post-trial motion for equitable estoppel, which is pending. After judgment is entered plaintiff will move for attorneys fees and costs pursuant to 29 U.S.C. Section 216(b). FILING DATE: June 7, 2011.

Deliberation

seven hours

Length

four days