Cases & Investigations

Fenley v. Wood Group Mustang, Inc. Lawsuit

CASE NUMBER: 2:15-cv-00326
CASE STATUS: Pending
COURT: United States District Court for the Southern District of Ohio

On January 26, 2015, Plaintiff Tommy L. Fenley filed a Class and Collective Action Complaint against Defendant Wood Group Mustang, Inc. (“Wood Group”) in the United States District Court for the Southern District of Ohio. Berger Montague is working on this matter with attorneys from Landskroner Grieco Merriman LLC in Ohio. Read the Complaint.

About the Wood Group Mustang Lawsuit

The Complaint alleges that Wood Group violated the federal Fair Labor Standards Act (“FLSA”) and Ohio state law by failing to pay proper overtime compensation to employees who were paid on a “day rate” basis when those employees worked more than 40 hours in a workweek.

According to the Complaint, the FLSA requires that employees must be compensated for all hours worked over 40 in a week at a rate not less than 1.5 times the employee’s regular rate. Plaintiff’s claims seek back pay (all unpaid overtime wages), plus liquidated double damages, reasonable attorneys’ fees, and court costs.

Are You Eligible to Participate in This Lawsuit?

You may be eligible to join this lawsuit if you are a current or former employee of Wood Group and were paid a day rate at any time after January 26, 2012.

All potential opt-in plaintiffs and class members should be aware that under federal law there is a limited time period to file a claim. This is called a statute of limitations. All claims are subject to this limitations period. An FLSA claim will likely be measured from the date that the plaintiff files an Opt-In Consent Form.
The statute of limitations for an FLSA claim is generally a minimum of two years and a maximum of three years from the date the Opt-In Consent Form is filed with the court. This means that the time period for your FLSA claim will begin either two or three years prior to the date you opt in to an active lawsuit. Thus, if you believe you have a claim against Wood Group under the FLSA, you should contact us as soon as possible.

Have Questions or Pertinent Information?

If you have any information that may assist us with this case, please contact Camille Fundora by telephone at (215) 875-3033 or by email at cfundora@bm.net.

Do You Have to Pay Any Fees to the Attorneys?

Our law firm is handling this case on a contingent fee basis. This means that we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. Therefore, you do not have to pay anything to our law firm in order to join the lawsuit.

What About Employer Retaliation?

The law protects you from retaliation for asserting your rights to recover wages under the FLSA. Employers in this type of case are not permitted to retaliate in any way, shape, or form.

How to Prove Your Claim for Unpaid Wages and Overtime

Where the employer does not keep accurate and precise time records, the law permits employees to make a good faith estimate of their overtime or hours worked. Where the employer keeps accurate time records, those records may be used.

Lead Attorneys

Shanon J. Carson

Managing Shareholder
Sarah Schalman-Bergen Headshot

Sarah R. Schalman-Bergen

Shareholder

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