Western Talk and Western Paging and Voicemail

This case is brought by Joshua Fox, a former Sales Associate and Sales Representative, who was employed by Western Talk, L.C., Western Paging and Voicemail, and Daniel L. Sheppard, the Defendants. The lawsuit alleges that the Defendants misclassified Fox and other Sales Associates and Sales Representatives as exempt from federal overtime pay requirements. The lawsuit also alleges that Fox and other Sales Associates and Sales Representatives regularly worked in excess of 40 hours a week for which Defendants did not pay them overtime wages, in violation of the federal Fair Labor Standards Act (“FLSA”). This case seeks to compel Defendants to pay Fox and a class of similarly situated employees all of the wages they earned in the past three years. Click here to read the Complaint. .

This case was filed in the Southern District of Texas and was assigned to the Honorable Gray H. Miller.

If you work or recently worked for Defendants as a Sales Associate or Sales Representative and were not paid overtime wages, you may be able to join this action to recover back overtime wages and liquidated damages. To join, you must fill out a “Consent to Sue” form and send it to Getman & Sweeney, PLLC. Click here for the Consent to Sue form.

How to Join this Case

If you have also worked for this defendant you can join this case by completing this Consent to Sue form and mailing it to Getman Sweeney. You need the free Acrobat Reader installed to view the form.

Click here for the Consent to Sue form.

Status Reports

UPDATE – Posted October 17, 2014

The case has been resolved.

Notice Mailed to Class – Posted February 3, 2014

On October 28, 2013 the Court ruled that the case could proceed as a collective action. Click here to read the Court’s order. Notice was mailed to all current and former sales representatives who worked at Western Talk during the claim period. Sales representatives who wished to join the case had to file consents to sue by January 6. The case now moves into the discovery period, which is the process whereby the parties to a lawsuit exchange data, documents and depositions (out-of-court sworn testimony under questioning).

Defendants’ “Answer” Filed

The document which responds to a lawsuit is called the “Answer.” Click here to read Defendants’ Answer.

Posted on Monday, January 7, 2013

Answers to Common Questions:

Which employees can be part of this lawsuit?

All persons who have worked for Western Talk, L.C., Western Paging and Voicemail, and Daniel L. Sheppard in Texas as Sales Associate or Sales Representative since December 26, 2009 who were classified as exempt from the overtime pay requirements and not paid overtime for working more than 40 hours in a workweek.

What claims are covered in this case?

The lawsuit at present covers claims for overtime pay under the federal Fair Labor Standards Act (“FLSA”). The specific violations claimed are that Defendants misclassified Sales Associates and Sales Representatives as exempt from the FLSA and failed to pay them overtime wages.

What damages are sought?Damages sought under the FLSA include back overtime pay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.

The FLSA allows claims for overtime wages going back two years (or three years if the employer acted willfully) from when someone affirmatively joins the case by filing a Consent to Sue form. . You must send us a signed Consent to Sue to bring FLSA claims in this action. Click here for the Consent to Sue form.

How far back can claims be made?

Under the FLSA, you are entitled to make claims for the period extending back two years (three years if the employer acted willfully) from the date your Consent to Sue Form is filed in Court. This two (or three) year period is called the “statute of limitation.” Click here for the Consent to Sue form.

How do I join the case?

To bring claims under the FLSA for back wages and an equal amount of liquidated damages, you must affirmatively join the case by filing a Consent to Sue. Click here for the Consent to Sue form.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. Under the FLSA wage and hour law, when plaintiffs win an overtime case, defendants must pay the plaintiffs’ costs and attorneys’ fees.

Can I wait to file my Consent to Sue?

You are not part of the FLSA case until your Consent to Sue Form is returned to the plaintiffs’ attorneys and then filed with the Court. If you delay in filing the Consent to Sue, part or all of your FLSA claims may be barred by the “statute of limitation.” Once a Notice is authorized by the Court, you must generally return the Consent to Sue form within the terms of the notice or the Court may not allow you to join this case. Click here for the Consent to Sue form.

Can Western Talk, L.C., Western Paging and Voicemail, and Daniel L. Sheppard fire me or take action against me for joining the case?

The law prohibits retaliation for joining an overtime lawsuit. If any employee suffers retaliation, Defendants would be liable for at least double the injury caused to the employee, and possibly much more. Notify us immediately if you think any retaliation occurs. Retaliation is rare in overtime cases, because an employer can suffer such serious penalties.

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