Recent Overtime Cases

Adams et al v. Vanderbilt Medical Center, et al (M.D.Tenn. 2009)

Gilbert Russell McWherter has brought an action under the Fair Labor Standards Act on behalf of all hourly employees of Vanderbilt Medical Center, including its nurses.  The case alleges that employees have a 30 minute lunch break automatically deducted from their pay, regardless of whether they are actually able to take an uninterrupted lunch.  The case is currently pending.

Martin et al v. Williamson Medical Center, Inc.  (M.D. Tenn. 2009)

Gilbert Russell McWherter has brought an action under the Fair Labor Standards Act on behalf of all hourly employees of Williamson Medical Center, including its nurses.  The case alleges that employees have a 30 minute lunch break automatically deducted from their pay, regardless of whether they are actually able to take an uninterrupted lunch.  The case is currently pending.

Boyd v Echosphere, LLC (American Arbitration Association)

Gilbert Russell McWherter has brought an action claiming unpaid overtime and misapplication of the “fluctuating workweek” regulations of the Fair Labor Standards Act.  This case is currently pending.

Kimbell v. Dynamic Strategies, Inc. d/b/a Budget Brakes (M.D.Tenn. 2009)

The Middle District of Tennessee as conditionally this collective action on behalf of a putative class of brake mechanics who claim that the company automatically deducted time from their pay for a lunch break, even though the class of employees were seldom able to take their full lunch break.  This case is currently pending.

Burnett et al. v. Logan’s Roadhouse (W.D. Tenn. 2008)

Gilbert Russell McWherter, PLC served as class counsel in an FLSA collective action against a Logan’s Roadhouse location.  The case involved over two hundred prospective class members and allegations of being worked “off the clock.”

[Confidential Client] v. [Confidential Retailer] (W.D.Tenn. 2006)

Gilbert Russell McWherter PLC obtained an $800,000.00 class-wide settlement from a major retailer in an FLSA collective action. The case involved the interpretation of the "fluctuating workweek" provision of the Fair Labor Standards Act and the Defendant's method of paying assistant managers.

Myles-Thomas et al v. T.J. Maxx (W.D. Tenn 2006)

Gilbert Russell McWherter PLCobtained a $100,000.00 class-wide settlement in an FLSA collective action. The case was brought on behalf of hourly employees at a single location who claimed they worked "off the clock."

Stewart et al. v. Advantage, Inc. (M.D. Tenn. 2006)

Gilbert Russell McWherter PLC served as class counsel in an FLSA collective action that recovered unpaid overtime for a prospective class of over 200 employees in the rental car industry. 

Castanada et al. v. Shomaker Lumber (W.D. Tenn. 2006)

Gilbert Russell McWherter PLC served as class counsel in an FLSA case that recovered unpaid overtime for a prospective class of over 70 sawmill workers.