TENISIA VENABLE individually and on behalf of all others similarly situated V. JW LOGISTICS LLC, NORTHERN DISTRICT OF GEORGIA, CASE NO: 1:17-cv-03213-LMM
Tunisia Venable, a former dispatcher and dispatcher supervisor working in Atlanta for Defendants and servicing AMAZON and their routes, was treated as a salaried exempt employee and routinely was required to work overtime hours without being paid for it.
Venable seeks to recover overtime wages for herself and all others performing the work of a DISPATCHER (or any other job title where the employee also primarily worked as a dispatcher), at one and one half times their regular rates of pay, plus an EQUAL sum as liquidated damages, attorney’s fees and expenses.
Venable alleges that JW LOGISTICS dispatchers are misclassified by JW Logistics as exempt from receiving overtime wages under the FLSA since they do not: hire, fire, discipline nor primarily make significant decisions using their independent judgment and discretion and free of supervision, and because they as dispatchers are involved with production. Venable says the job was routine, standardized, and they simply had to make sure drivers made their deliveries and handled the routes. Dispatchers who do not supervise drivers with annually reviews, formally discipline, hire or fire them or other co-workers, that they are non-exempt and entitled to be pay overtime.
HERE in the FLSA, the Employer, JW Logistics has the burden to prove dispatchers are exempt from overtime, and that Venable and the dispatchers do not have to prove anything. Further, as per US Supreme Court, the fact that JW LOGISTICS did not track and records their hours means that their statements of the hours worked is given a presumption of being accurate and that they can establish their overtime hours by their testimony.
See the complaint (pdf)