Two collective actions have been filed in Alabama against the Birmingham City Board of Education on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the board. The actions are brought under the federal Fair Labor Standards Act and are seeking back pay and liquidated damages.
According to employees, the City of Birmingham has engaged in a systematic and intentional pattern of disregarding federal law in the manner in which it compensates school workers. These employees are addigned to jobs such as assistant coaches, teacher's assistants, cafeteria workers, custodians, bus drivers, bookkeepers, and maintenance workers. They are paid hourly and are not exempt from overtime compensation under the federal Fair Labor Standards Act. The employees allege that in the normal course of their employment, they commonly work well in excess of 40 hours a week. The employees additionally claim that besides often working beyond eight hours in a normal day, they are frequently called upon for special activities, for which, they claim, they are not compensated.
The workers assert that the board has been able to defraud the workers of overtime pay by keeping them misinformed regarding their position. According to the workers, this conduct, which allegedly continues to this day, also tolls all statutes of limitations, allowing claims that may have expired to be brought against the board. This action is a collective action, and therefore potential plaintiffs must opt in to the case. The employees have requested that the court issue notice to all potential claimants.