In June of 2011, it was found that Texas inspectors were being denied their appropriate wages. Intertek USA, an inspection company, failed to pay overtime and minimum wage to its employees, hiding behind the excuse of having “fluctuating workweeks.” The overtime attorneys at Kennedy Hodges, LLP, filed a lawsuit against Intertek USA in order to seek class-action status for these inspection workers.
The “Fluctuating Workweek”
Intertek USA employees had been working over 40 hours per week, but weren’t getting paid the correct amount of overtime pay. Overtime pay is typically supposed to be one-and-one-half times your normal rate of pay for any hours worked over 40 in a work week. The main issue was the “fluctuating work week” pay method, which basically results in a lower overtime payment to the employees and a violation of the minimum wage.
Since the beginning of this wage and hour lawsuit, our goal at Kennedy Hodges, LLP was to get compensation for the overtime wages due, as well as liquidated damages and attorney’s fees. These non-exempt employees working over 40 hours per week were not getting paid their fair share of wages, and something had to be done. It’s a shame that so many Intertek USA employees in a number of Texas cities were affected by this lawsuit, including San Antonio, Houston, Plano, Elmendorf, Nederland, Baytown, Freeport, Pasadena, Texas City, Odessa, and Deer Park. When you have employees working up to 90 hours in one week, that’s difficult enough, but when they’re not getting paid the amount they should be, that’s unjust and calls for action.
In 2012, Intertek USA wanted to dismiss this wage lawsuit but Judge Lake denied this motion on March 21, 2012. A few months later in June of 2012, a judge ordered Intertek USA to produce a complete list of employees that were affected by these wage and overtime mistakes. This was definite progress and a good thing for the employees involved in the case! The next year in February 2013, the Kennedy Hodges legal team attended mediation with Intertek USA lawyers in order to talk about potential settlements for the claims. Mediation is a term used when parties involved in a case come together to resolve the dispute. A mediator helps all parties involved to negotiate a settlement.
The case wasn’t settled on the day we met in February, but we filed a motion later on hoping that the court would grant it. To our surprise and benefit, Intertek USA fired the law firm that had been representing the company in this case, and the new law firm that was hired was learning the facts of the case. We hoped that by setting up depositions for Rick Huntly and Jay Gutierrez, president of Intertek USA, we would make progress with this case.
An Inactive Case
Unfortunately, we are unable to let you know the details of how this case ended except for the fact that it is now an inactive case. There are a number of reasons a case can end up as inactive, and it has nothing to do with whether or not you do or do not deserve your fair pay as a client. At this time, we can tell you that the court has stated this case to be over and done with.
Are You Being Unfairly Paid for Your Work?
What Intertek USA did to its employees was both terrible and unfair. As an employee, you shouldn’t have to worry about whether or not you’re being paid fairly, or have to deal with a lasting lawsuit that could potentially have no clear result. Unfortunately, these things happen, and at Kennedy Hodges, LLP, we’ll work hard to get what you deserve—for as long as it takes. If you have any questions regarding a potential wage case, call us today for a free consultation. We want to help you get what you deserve and move on with your life.