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employment

Old Dominion Freight Line Inc.

Saenz v. Old Dominion Freight Line, Inc.
Court File No. 1:18-cv-04718-JPB (Northern District of Georgia)

In October 2018, we filed a misclassification case for current and former “switchers” or “yard switchers” who worked for Old Dominion Freight Line Inc.  The switchers allege that Old Dominion violated federal law when it classified “switchers” as exempt and failed to pay adequate overtime wages when they worked over forty (40) hours in a workweek.

The Complaint is filed as a collective action under the federal Fair Labor Standards Act (FLSA) and seeks unpaid overtime and liquidated damages.

Nichols Kaster, PLLP has partnered with attorneys Louise Smith and William Smith with the law firm Smith Law LLC in this matter.

To learn more about this case feel free to contact the case clerk, Katy Brooks, at kbrooks@nka.com or call (612) 256-3297.

Type of Case

Unpaid Overtime

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Case Updates

  • September 18, 2019

    Old Dominion Freight Line, Inc. Case Update

    On September 5, 2019, the Court approved our Notice of Lawsuit form and approved our request to distribute the Notice by U.S. Mail and email. The Court also permitted that we send a reminder notice 21 days prior to the end of the notice period.

    Defendant must next produce a Notice list, or a list of the names and contact information for all individuals who meet our collective definition. Once we receive this list, we will send Notice as soon as possible.

  • August 14, 2019

    Old Dominion Freight Line, Inc. Update

    On July 9, 2019, we submitted a joint motion for approval of notice of lawsuit form and distribution method to the Court.  The Court has not yet decided that motion.   We also submitted a joint motion for extension of mediation deadline on August 2, 2019.  The Court granted this motion on August 5th, allowing the parties up to thirty days after the end of the FLSA notice period to conduct the first court-ordered mediation.

  • June 14, 2019

    Old Dominion Freight Line, Inc. Update

    On June 7, 2019, the court granted conditional certification of this overtime case for all individuals who: (1) worked for Old Dominion at any time during the period between October 11, 2015 and the pendency of this action; (2) worked full-time in the job title of Switcher; (3) were primarily engaged in moving trailers to designated loading and unloading sites on Old Dominion’s premises; (4) never moved trailers or drove trucks on public highways; (5) worked more than 40 hours in any workweek during the relevant time period; and (6) were not paid the overtime premium (i.e., time and one-half their regular hourly rates of pay) for all hours worked over 40 in a week.  The switchers allege that Old Dominion violated federal law when it failed to pay overtime for all hours worked over 40 in a week.

    The court ordered that the parties confer in good faith and endeavor to jointly submit a proposed notice, which will advise current and former switchers who are eligible of their rights and their ability to make a claim for their unpaid overtime by returning a consent to join form.  Once finalized, this notice will be sent at a later date to those current and former switchers who meet the above criteria. 

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