Hendricks v. Total Quality Logistics

Hendricks, et al. vs. Total Quality Logistics, LLC. This is an overtime pay case brought on behalf of current and former freight brokers (Logistics Account Executive Trainees and Logistics Account Executives) who were paid a salary or a draw against commissions. These employees worked very long hours but did not receive any overtime pay and are not exempt from overtime under the law. We seek to recover overtime pay for these employees.

Monday, January 30, 2012 - 18:11

On Monday, January 30, we filed a Motion asking the Judge to certify a class action for all LAEs and LAETs who worked in Ohio since September 2008. We argue that the LAEs and LAETs are essentially inside sales people who are not exempt from Ohio or federal overtime laws. Since LAEs and LAETs share the same core responsibilities and primary function- to sell brokerage services- we can prove entitlement to overtime by common proof in a class action.

Wednesday, August 3, 2011 - 12:20

On August 2, 2011, Judge Dlott issued an order limiting discovery at Plaintiffs' request. Defendants had served 78 sets of written discovery requiring answers to over 4,000 requests. The Judge limited Defendants to 30 sets of written discovery and 30 depositions. Defendants can request more discovery  later if they can show they can't prove their case with this restriction. 

Monday, May 23, 2011 - 13:59

All consents to make a federal claim for overtime must be received or postmarked by FRIDAY, MAY 27. Please contact us if you have misplaced your forms and would like a duplicate set sent to you.

Friday, May 13, 2011 - 10:44

If you want to join this case and make a claim for overtime under federal law your Consent must be postmarked or received by Friday May 27, 2011. You can also send the Consent by fax to 513 345 4703. If you have questions or want to discuss the case please call Bruce Meizlish or Deborah Grayson at 513 345 4700.

Monday, May 2, 2011 - 12:21

Notice of this overtime case and Consent forms were mailed to eligible LAET's and LAE's on March 28, 2011. As of May 2,  there are 113 individuals who have joined the case. All Consent forms must be returned by May 27, 2011. If you have misplaced your form, please contact us for a replacement at 513 345 4700.

Monday, March 28, 2011 - 17:01

Notices were mailed Monday, March 27, 2011, to current and former LAET's and LAE's who are eligible to join the lawsuit. Individuals who wish to make an overtime claim under federal law must return the enclosed Consent form to our office by Friday, May 27, 2011.

Friday, March 18, 2011 - 11:49

On March 17, 2011 Judge Dlott approved sending a Notice of the lawsuit to LAE's and LAET's who have worked for TQL since February 14, 2008. The Judge approved the Notice, which describes the lawsuit, and the Consent form, which eligible employees can use to join the case. The Notice and Consent form will be mailed in the next two weeks. Any current or former LAET's or LAE's who want to join the overtime case will have 60 days to return the Consent form.

Tuesday, March 15, 2011 - 17:36

On Friday, March 11, 2011, Judge Dlott denied a motion filed by TQL to dismiss  part of the complaint asserting claims under Ohio's overtime law.  TQL argued that Plaintiffs could not pursue the Ohio claims in the same case with federal claims under the Fair Labor Standards Act.  The Ohio overtime claims can be pursued in a traditional "opt out" class action, which means that all eligible former and current TQL employees can participate in the case unless they choose to opt out.

Wednesday, December 1, 2010 - 12:18

Federal Judge Susan J. Dlott has ordered the attorneys for the parties to appear on February 14, 2001, for a Preliminary Pretrial Conference. Following a discussion about the case the Judge will set a case schedule governing further proceedings including the filing of motions and discovery.
As of December 1, 2010, 21 individuals have joined this case as party plaintiffs.

Tuesday, September 28, 2010 - 13:06

This lawsuit was filed September 21, 2010.
 
If you would like more information about this case, please contact us.