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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.