Judge Agrees Ohio Claims Can Go Forward
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. In a FLSA case (federal law) current and former employees must "opt in" to the case. This issue has been raised in cases around the country. The Judge sided with our position, allowing state and federal claims to proceed in the same case.