Our lawyers have a history of successfully representing its clients in court. Some recent results include:
- $5,523,715.82 Verdict and Settlement
- $2,099,354.87 Attorney’s Fees
- $67,561.20 Case Expenses & Costs
- $3,356,799.75 Net to Clients
Attorney David G. Langenfeld filed a lawsuit alleging that Registered Nurses and Licensed Vocational Nurses employed by Centene Company of Texas, L.P. as salaried utilization review nurses were entitled to overtime payment for hours worked over 40 in a workweek and they had unlawfully been denied these wages. Mr. Langenfeld joined forces with the law firm of Nichols Kaster, PLLP, and an additional lawsuit was filed in Seattle, Washington, making the same allegations on behalf of nurses from other states against Centene Management Company, LLC. The Texas case proceeded to trial where the nurses prevailed and the verdict was upheld on appeal. The Washington case settled before trial. In total, the nurses received more than $3,000,000 in unpaid overtime wages.
Confidential Pre-Suit Settlement
We represented a young woman employed by an airplane parts supplier. Shortly after she started her job she began experiencing unwelcomed sexual advances from a male coworker. He asked her on dates and told her she should wear skirts and that he was “turned on” by her. When she refused his advances he became more aggressive so she reported this sexual harassment in person to the HR Department and to the company’s “ethics hotline.” However, nothing was done, and the male coworker became verbally and physically aggressive. Eventually he was assigned to another area of the facility which helped to alleviate, but did not completely solve the problem. Then our client was ordered to report to work in the same work area as her harasser. When she refused, she was terminated for insubordination. We filed a Charge of Discrimination and Retaliation with the U.S. Equal Employment Opportunity Commission. The case settled for a confidential amount without having to file a lawsuit.
Confidential Pre-Suit Settlement
Our firm represented a woman who worked as a truck driver in the oil fields. She was subjected to abuse and harassment because of her gender. Our client alleged that she had been demeaned, groped, urinated on, and told she was “in a man’s world.” Immediately upon being retained we filed a Charge of Discrimination on her behalf with the U.S. Equal Employment Opportunity Commission and our client received a cash settlement within sixty days.
Attorney David G. Langenfeld was hired to represent an apartment complex manager who was a minority. Her supervisor described her and her management style as “Ghetto.” Eventually our client was fired, and we filed a federal lawsuit claiming she had been the victim of employment discrimination. The defendant offered a small nuisance settlement and when we rejected it their lawyers filed a motion to dismiss our case claiming it was baseless. The federal judge ruled in our favor and denied their motion finding we had sufficient evidence of discrimination to proceed to trial. Soon after we defeated their motion to dismiss our client received a favorable settlement offer.
Attorney David G. Langenfeld represented a hotel employee who had been harassed and verbally abused by coworkers and supervisors because he was openly gay. Several other lawyers declined to represent the young man because sexual preference is not a “protected class” which would provide protection under the anti-discrimination laws. Mr. Langenfeld agreed to represent him and filed a federal lawsuit claiming that, had the young man been female, and demonstrated the same sexual tendencies, he would not have been discriminated against as he was. Therefore, this was actually a case of gender discrimination, not sexual orientation discrimination, and federal anti-discrimination laws did apply. The case settled for a confidential amount.
Leichter Law firm was retained to represent a woman who claimed to be the victim of pregnancy discrimination. Our client was a highly compensated employee who believed she was adequately performing her job duties. However, she alleged that within days of informing her employer that she was pregnant, she was told that her job performance was deficient, and she was terminated. We filed a lawsuit claiming gender and pregnancy discrimination. The employer denied the allegations and the case was litigated until just before trial when our client received a confidential settlement for her damages.
UNPAID OVERTIME-RETALIATION/Retail Clerk
- $29,769.00 Settlement
- $7,880.00 Attorney’s Fees
- $510.00 Case Expenses & Costs
- $21,379.00 Net to Clients
The client worked as a clerk in a convenience store. She was an hourly employee and was paid her straight hourly wage, instead of time and one-half, for her overtime hours. She was owed slightly more than $1,000 for unpaid overtime but when she made a claim for this amount she was harassed, and her hours were cut to the point that she had to quit and find another job. We filed a claim for retaliation in addition to her wage claim. The case settled and, even though unpaid wages were only $1,030, the client’s net recovery exceeded $20,000.
UNPAID OVERTIME/Oilfield Worker/Independent Contractor
Leichter Law Firm was hired to represent a man who worked for a company providing surveying services for his employer in the oil and gas business in west Texas. His employer classified him as an “Independent Contractor” and paid him straight time for all of the many overtime hours he worked each week. We filed a federal court lawsuit for this client claiming that he was actually an employee, not an independent contractor, and was owed time and one-half for all of his overtime hours plus additional money for liquidated (penalty) damages. In doing so we argued that the defendant controlled when and where our client would work and how he would perform his work to the extent that our client was an employee, not an independent contractor. The defendant filed an Answer denying our allegations. However, approximately four months later, the defendant made an offer to pay the client’s overtime claims, liquidated damages, and attorney’s fees and the case was settled.
Leichter Law Firm filed suit on behalf of a Licensed Vocational Nurse (LVN) who alleged she had been denied proper overtime pay while providing patient case at a skilled nursing facility. Our client’s employer automatically deducted thirty minutes from each shift for a meal break but our client claimed she was so busy with her responsibilities that she seldom, if ever, took an uninterrupted meal break. Our client also claimed that she often had to work off the clock before and after her shift in order to complete her duties. The employer filed an Answer denying all allegations but eventually agreed to settle the case under terms satisfactory to our client.
UNPAID OVERTIME/Hotel Employee
David G. Langenfeld represented a hotel maintenance worker who alleged he worked more than forty hours per week without being paid overtime. The employee was provided a room at the hotel and claimed he was “on call” to handle maintenance issues 24/7. The hotel employer denied that our client was “on call” and stated that he only worked forty hours per week. Mr. Langenfeld argued that providing a room on premise to maintenance personnel is common in the industry and is done to ensure the worker is available 24/7 and that this employee was often called to duty after hours and on weekends. The case was settled pursuant to confidential terms within three months after being filed.
UNPAID OVERTIME/Call Center Employees
Attorney David Langenfeld represented a group of call center employees who alleged they had been misclassified as exempt employees and denied overtime payment for all hours worked over forty in a workweek in violation of the Fair Labor Standards Act (FLSA). The employer claimed the workers were exempt as salaried executive employees. While it is generally true that managers who receive a salary of at least $455 per week are exempt from the overtime requirements of the FLSA, it is not enough that the employee is simply called a “manager.” Rather, the employee must perform actual managerial duties including the hiring and firing of employees. The employees were able to show that they did not actually perform managerial duties and were, therefore, entitled to payment of overtime. The case proceeded to mediation where the workers agreed to a confidential settlement.
UNPAID OVERTIME/Oilfield Worker
Leichter Law Firm filed a lawsuit alleging unpaid overtime on behalf of a man employed by an oilfield service company as a Flowback Operator. The employee was paid a salary and bonuses. The employer alleged the employee was exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) as an executive, administrative, and/or a highly compensated employee. We contested that allegation and, after successfully defeating the company’s attempt to force the case to arbitration, were able to achieve a favorable confidential settlement for the client.
UNPAID OVERTIME/Office Manager
David G. Langenfeld filed a lawsuit in Federal District Court for a client employed as an office manager. This employee was paid a salary and did not receive additional overtime compensation when she worked more than forty hours in a workweek. Her employer argued that, as an office manager, she was exempt from overtime pay requirements because she qualified as an exempt administrative employee. However, our investigation revealed that she did not exercise the requisite degree of independent judgment and discretion in order to qualify as exempt. For example, she was not free to make major purchases or to formulate office policies and procedures without getting permission or following predetermined guidelines. After conducting discovery the case was settled before going to trial.
UNPAID OVERTIME/Home Health Nurses
A lawsuit was filed by attorney David G. Langenfeld as a collective (class) action on behalf of nurses employed by a home health agency for unpaid overtime. The lawsuit alleged that nurses employed by the agency were paid “per visit” and without additional overtime pay for all hours worked over forty in a workweek. It was also alleged that hours worked should have included travel time between visits. The court ordered that notice be sent to all similarly situated nurses who had been employed by the agency within three years of the date suit was filed. Within one year of the date suit was filed the case was settled on behalf of all nurses who opted to join the suit.
UNPAID OVERTIME/K-9 Police Officer
- $45,000.00 Settlement
- $4,700.00 Attorney’s Fees
- $500.00 Case Expenses & Costs
- $39,800.00 Net to Clients
The Leichter Law Firm filed a federal lawsuit on behalf of a police officer whose duties included the care and handling of the department’s police dog. The lawsuit alleged that the time the officer spent training and caring for the canine at the officer’s home was compensable work time for which the officer should have been compensated at one and one-half her regular hourly rate when these duties resulted in workweeks in excess of forty hours. The employer initially contested the officer’s claims but ultimately agreed to settlement which resulted in a net payment of $39,800 to the client.
UNPAID OVERTIME/Funeral Home Employee
Leichter Law Firm filed a lawsuit for an employee of a funeral home. The client was an hourly office worker who was paid straight time for all hours worked, including hours worked over forty in a workweek. The employer took the position that it was not required to pay overtime because it was a “family-owned” business. While it is true that the overtime laws typically apply only to employers that have an annual gross volume of sales made or business done of not less than $500,000, there is no overtime exemption for family-owned businesses. Once confronted with this information the employer quickly agreed to pay a confidential amount to cover unpaid overtime, liquidated (punishment) damages, and attorney’s fees.
UNPAID OVERTIME/Delivery Driver/Independent Contractor
A lawsuit was filed by Leichter Law Firm on behalf of an employee of a delivery service. The employee worked as a dispatcher and driver and was classified as an “Independent Contractor” and denied overtime pay at one and one-half times her regularly hourly rate for all hours worked over forty in a workweek. To qualify as an independent contractor, the employer must prove that, as a matter of economic reality, the worker is not dependent on the employer for her livelihood, but is actual in business for herself. This requires consideration of whether the alleged employer dictated when, where, and how the worker would perform her work; the business investment (if any) made by the worker; and whether the relationship was intended to be temporary or permanent in nature. Based upon the facts of this case, as demonstrated by our attorneys, the employer agreed to provide a settlement to the worker under terms to remain confidential.
UNPAID OVERTIME/Hotel Employee
Our client was a night front desk employee for a hotel owner. Her employer paid her a salary and considered her exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). However, the client did not perform job duties that would qualify her as an exempt employee. Therefore, she was entitled to time and one-half her regularly hour rate for all overtime hours worked. This lawsuit resulted in a confidential settlement to cover wages owed and attorney’s fees.
UNPAID OVERTIME/Oilfield Worker/Independent Contractor
David G. Langenfeld filed a federal lawsuit on behalf of two men employed by oilfield service companies as helpers. The employers misclassified the men as “Independent Contractors” and paid them straight time, rather than time and one-half, for their overtime hours each week. Mr. Langenfeld took the position that, as helpers, the men did not exercise control over their work to the extent they would be considered independent contractors. Therefore, they were actually employees entitled to overtime pay. Based upon the law and facts of the case the employer agreed to pay the full amount owed, plus liquidated (punishment) damages, and attorney’s fees. The amount of the settlement is confidential.
Filed federal lawsuit and won collective class certification for Registered Nurses and Licensed Vocational Nurses employed as Utilization Review Nurses by a subsidiary of Centene Corporation, a Fortune 500 company.
Defeated summary judgment and successfully settled case for a property manager based on claims of race discrimination.
Successfully obtained unpaid overtime compensation and, in many cases, attorney’s fees for employees with the following jobs:
- Office Manager/Administrator
- Armored Car Driver
- Utilization Review Nurse
- Coding Nurse
- Assisted Living Nurse
- Home Healthcare Nurse
- Clinical Nurse
- Staffing Company Nurse
- Oil Field Worker
- HVAC Worker
- Hotel Maintenance Worker
- Restaurant Cook
- Computer Employee
- Call Center Employee
- Alarm Installer
- Cable TV/Satellite Installer
- Mental Health Case Manager
- Retail Store Salesperson
- Warehouse Worker
- Nursing Home Chef
- Beer Distributor Merchandiser
- Construction Worker
If your employer is not paying you overtime pay that you deserve, contact Leichter Law Firm PC, at (956) 205-0884.