Randolph v. PowerComm Construction, Inc
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After learning that the defendants had threatened the plaintiffs if they did not opt out of the class action suit, TELG successfully argued that all of the opt-out agreements should be invalidated.
Summary of Filed Complaint
PowerComm failed to pay Randolph and his associated the required “time and a half” overtime rate and TELG brought a lawsuit on their behalf seeking to collect the unpaid wages.
What Happened in Court
Greg Randolph and his colleagues worked for PowerComm as “flaggers,” ensuring that traffic could safely pass around work sites. Randolph and his colleagues routinely worked more than forty hours per week, but PowerComm refused to pay them at the required “time and a half” overtime rate. TELG filed a lawsuit on behalf of Randolph and his colleagues, seeking the unpaid overtime wages that Powercomm. During litigation, TELG learned that PowerComm sought to settle with several members of the class by threatening their employment and offering pennies on the dollar. TELG successfully argued that such communications were abusive in nature and that any “opt-out” agreements signed by the plaintiffs should be invalidated.