Date: 11-16-2024

Case Style: Patrick D. Perry v. Hardeman County Government

Case Number: 19-cv-1106

Judge: S. Thomas Anderson

Court: United States District Court for the Western District of Tennessee (Shelby County)

Plaintiff's Attorney:

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Defendant's Attorney: Not Available

Description:

Memphis, Tennessee employment law lawyers represented the Plaintiff on a Fair Labor Standards Act violation theory.

Plaintiffs are past and present Hardeman County Sheriff deputies, jailers, and dispatchers who have asserted claims under the Fair Labor Standards Act, as amended, 29 U.S.C. §201, et seq. ("FLSA"), regarding their alleged employment with Defendants Hardeman County Government, Hardeman County Commission, Hardeman County Sheriff's Office, Jimmy Sain, individually and in his official capacity as Mayor of Hardeman, County, John Doolen, individually and in his capacity as Sheriff of Hardeman County, Hardeman County Emergency Communications District, and City of Bolivar, Tennessee. Plaintiffs seek to recover for their hourly rate of pay allegedly being arbitrarily changed after being turned over for payment, having had their overtime incorrectly calculated, having not been paid for overtime worked, having accrued compensatory, holiday and vacation time which was not paid at time of their termination of employment, having not been paid for off-the-clock work, having not been given compensatory time at the correct overtime rate, having not been paid for overtime for in-service training; they also allege that Hardeman County Government failed to maintain proper time records and intentionally did not pay the sheriff deputies, jailers, and dispatchers for all hours worked, all in violation of the FLSA.

Defendant Doolen asserts that individual liability arises under the FLSA only when the individual qualifies as an "employer," i.e., any person acting directly or indirectly in the interest of an employer in relation to an employee," 29 U.S.C. § 203(d), and argues that he, therefore, should be dismissed from this action. In support of his position, Defendant Doolen points to the decision in Mitchell v. Chapman, 343 F.3d 811 (6th Cir. 2003), which found that public employers cannot be individually liable under the Family Medical Leave Act ("FMLA").

Outcome: Settled for an undisclosed sum and dismissed.

Plaintiff's Experts:

Defendant's Experts:

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