Birchem v Walker County, Alabama, Board of Education
Walker County, AL, School Employees Looking For Unpaid Overtime
A collective action has been filed against the Walker County, Alabama, 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 action is brought under the federal Fair Labor Standards Act and is seeking back pay and liquidated damages.
According to employees, the Walker County Board of Education has engaged in a systematic and intentional pattern of disregarding federal law in the manner in which it compensates school workers. These workers perform 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, which they claim they are not compensated for.
The workers assert that the board has kept them intentionally misinformed regarding their positions, and this is how they have been able to defraud the workers of overtime pay. According to the workers, these actions, which allegedly continue to this day, also toll 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 class members must opt in to the case. The employees have requested that the court issue notice to all potential claimants.
