On January 26, 2015, Plaintiff Tommy L. Fenley filed a Class and
Collective Action Complaint against Defendant Wood Group Mustang,
Inc. ("Wood Group") in the United States District Court for the
Southern District of Ohio. Berger & Montague, P.C. is working
on this matter with attorneys from Landskroner Grieco Merriman LLC
in Ohio. Read the
The Complaint alleges that Wood Group violated the federal
Fair Labor Standards Act ("FLSA") and Ohio state law by failing to
pay proper overtime compensation to employees who were paid on a
"day rate" basis when those employees worked more than 40 hours in
a workweek. According to the Complaint, the FLSA requires that
employees must be compensated for all hours worked over 40 in a
week at a rate not less than one and one-half times the employee's
regular rate. Plaintiff's claims seek back pay (all unpaid overtime
wages), plus liquidated double damages, reasonable attorneys' fees
and court costs.
Are You Eligible To
Participate In This Lawsuit?
You may be eligible to join this lawsuit if you are a
current or former employee of Wood Group and were paid a day rate
at any time after January 26, 2012.
All potential opt-in plaintiffs and class members
should be aware that under federal law there is a limited time
period to file a claim. This is called a statute of limitations.
All claims are subject to this limitations period. An FLSA claim
will likely be measured from the date that the plaintiff files an
Opt-In Consent Form. The statute of limitations for an FLSA claim
is generally a minimum of two years and a maximum of three years
from the date the Opt-In Consent Form is filed with the court. This
means that the time period for your FLSA claim will begin either
two or three years prior to the date you opt in to an active
lawsuit. Thus, if you believe you have a claim against Wood Group
under the FLSA, you should contact us as soon as
To join this lawsuit, you must complete an
Opt-In Consent Form and return it to us for
filing with the Court. If you do not return this
Opt-In Consent Form, we cannot include you in
the lawsuit. Click here for an Opt-In Consent
Have Questions or Pertinent
If you have any information that may assist us with this
case, please contact Camille Fundora by telephone at (215) 875-3033
or by email at email@example.com.
Do You Have To Pay Any Fees To The
Our law firm is handling this case on a contingent fee
basis. This means that we will only be paid if the lawsuit is
successful in obtaining relief either through a settlement or a
final judgment, and that payment will only come out of that
settlement or final judgment. Therefore, you do not have to pay
anything to our law firm in order to join the lawsuit.
What About Retaliation?
The law protects you from retaliation for asserting your
rights to recover wages under the FLSA. Employers in this type of
case are not permitted to retaliate in any way, shape or
How To Prove Your Claim For Unpaid Wages
Where the employer does not keep accurate and precise time
records, the law permits employees to make a good faith estimate of
their overtime or hours worked. Where the employer keeps accurate
time records, those records may be used.