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employment

Old Dominion Freight Line Inc.

Saenz v. Old Dominion Freight Line, Inc.
Court File No. 1:18-cv-04718-TCB (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.

Type of Case

Unpaid Overtime

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Am I eligible?

You are eligible for this case if you (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

Additional Information

How Do I Join This Case?

To join others in making a claim for overtime compensation under federal law, a Plaintiff Consent Form will be available soon.

What Time Frame Does This Case Cover?

There is a time limit under the federal law called a statute of limitations that allows an employee to recover unpaid wages for hours worked within two years of joining by filing a consent form. If we can prove Old Dominion willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

No, you will not have to pay us anything out of your own pocket.  We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award. 

How Do I Prove I Worked Overtime?

If you have records relating to your work with Old Dominion, please keep them until we ask you for them.  However, you do not need to have records of your work hours to make a claim. If Old Dominion did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours.  We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Old Dominion.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Old Dominion and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you know of any switchers who may be interested in making a claim for unpaid overtime, they should contact us to determine whether they may be eligible to make a claim.

How Do I Learn More?

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

Case Updates

  • 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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