Last week, a lawsuit was filed against Old Dominion Freight Line Inc. for unpaid overtime. The Named Plaintiff is seeking unpaid overtime on behalf of himself and other yard switchers (drivers who move trailers to and from loading docks). The Named Plaintiff alleges that managers responded to the workers' request for overtime pay by saying "that's just how it is."
This is not the first time Old Dominion has been sued by its employees for unpaid overtime. Old Dominion previously paid $3.4 million to a class of truck drivers to settle an overtime and meal break lawsuit in California.
Federal law requires employers to pay one and a half times an employee's regular rate for any time worked over 40 hours in a workweek. An employer that violates this law can be required to pay lost wages, damages, and fines. Overtime lawsuits can be brought individually or on behalf of a group of employees.
An employee who has filed an overtime complaint or has chosen to participate in a collective action against an employer, cannot be retaliated against. An employee who has been retaliated against can seek relief such as reinstatement, payment of lost wages, and damages.