Nichols Kaster has partnered with the law firm of Meizlish & Grayson located in Cincinnati, Ohio to represent collective and class members in this case. Our team can be reached at TQLOvertimeLawsuit@nka.com.
This lawsuit is a collective action under the federal Fair Labor Standards Act (“FLSA”) and class action under the Ohio Minimum Fair Wage Standards Act against Total Quality Logistics (“TQL”) for unpaid overtime. Anyone who worked for TQL as a Logistics Account Executive Trainee (“LAET”) and/or as a new Logistics Account Executive paid on a salary-only basis (“Junior LAE”) in Ohio at some point between September 21, 2008, to April 15, 2016, is an eligible class member.
The parties conducted a two-week bench trial in February 2022. On September 26, 2023, the Honorable Judge Barrett of the U.S. District Court, Southern District of Ohio, issued an order finding TQL and Ken Oaks liable for unpaid overtime and liquidated (or double) damages. The next step is to figure out the amount of damages that TQL owes all eligible collective and class members. The parties have filed competing motions with the court regarding the extent, format, and timing for the exchange of damage-related information. Following the exchange of such information we will need to prove damages on a class and collective-wide basis.
This case is entitled Hendricks v Total Quality Logistics LLC, Case No. 1:10-cv-00649 (Southern District of Ohio).
Case Updates
October 4, 2023
On September 26, 2023, the Honorable Judge Barrett of the U.S. District Court, Southern District of Ohio, issued an order finding TQL liable for unpaid overtime. Specifically, the Court held that based on all of the evidence presented at trial, LAETs and Junior LAEs employed by TQL do not qualify for an exemption from overtime pay, meaning they should have been paid overtime pay. The trial, and thus the Court’s order, focused solely on the question of whether LAETs and Junior LAEs were entitled to be paid any overtime in the first place. The next step is to figure out the amount of damages that TQL owes. The amount owed could be resolved through a stipulation by the parties, briefing with the court, or a potential trial on damages issue. We do not know yet which of these three routes the damages portion of this case will take, but we will continue to provide updates on our progress. Please reach out to case clerk Bridget Peterson bpeterson@nka.com with any questions or to update your contact information.
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Frequently Asked Questions
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Am I Eligible?
Anyone who worked for TQL as a Logistics Account Executive Trainee (“LAET”) and/or as a new Logistics Account Executive paid on a salary-only basis (“Junior LAE”) in Ohio at some point between September 21, 2008, to April 15, 2016, is an eligible class member.
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Is This a Class Action? What Does that Mean?
This case is both a collective action under federal law and a class action under Ohio state law. Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims.
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Who Is Included?
Anyone who worked for TQL as a Logistics Account Executive Trainee (“LAET”) and/or as a new Logistics Account Executive paid on a salary-only basis (“Junior LAE”) in Ohio at some point between September 21, 2008, to April 15, 2016, is an eligible class member.
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Do I Have To Pay Anything?
As mentioned above, we have partnered with Meizlish & Grayson, and are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Long Will This Case Take?
On September 26, 2023, TQL and Ken Oaks were found liable for unpaid overtime and liquidated (or double) damages. As of July 2024 the parties have filed competing motions with the court regarding the extent, format, and timing for the exchange of damage-related information. Following the exchange of such information we will need to prove damages on a class and collective-wide basis at a trial. While the parties differ on the expected timing of a damages trial, we anticipate it could occur sometime in 2025 or early 2026. We recognize this lawsuit has been pending for a long period of time and appreciate your commitment to holding TQL accountable.
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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 joining the lawsuit.
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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 currently work for Total Quality Logistics and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson, at bpeterson@nka.com or (612) 256-3259 immediately.
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How Do I Learn More?
To learn more about this case, feel free to contact the contact the case clerk, Bridget Peterson, at bpeterson@nka.com or (612) 256-3259 .
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.