Two individuals employed as social workers in the state of Virginia are suing for time and attendance violations related to unpaid overtime, according to the Richmond Times-Dispatch. The suit was filed in late March with the Eastern District of Virginia and the plaintiffs have petitioned the judge presiding over the case to give it a class-action status, opening the door for more individuals affected by this practice to come forth and take part in the litigation.
The Fair Labor Standards Act outlines specific instances that make an employee exempt from receiving overtime, but the complaint alleges that employees were intentionally misclassified in an attempt to circumvent time-and-a-half payments.
The plaintiffs state that large caseloads required them to either work in the office longer than the standard 40 hours in a workweek, or work from home and on weekends, all of which were not properly compensated with overtime pay.
The two social workers are seeking to be doubly compensated for overtime that went unpaid, with interest. However, state law says the employees can only receive up to three years in back pay. One of the employees was hired in 2005, while the other came aboard in 1999, but there is no indication of how long the questionable payment practices went on for.
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