O’Brien Law Firm files 5th suit against Wardlaw Claims Service of Waco
On October 3, 2016, O’Brien Law Firm filed its 5th case against the Wardlaw Claims business operation, this time on behalf of 3 former employees from the company’s water mitigation insurance department who, as alleged by the lawsuit, were not paid their overtime as required by law. The Department of Labor has a current investigation into the Wardlaw business with regard to its water mitigation employees. Sometimes, a company will pay employees as 1099 contractors, partly to avoid having to pay overtime wages when those employees work over 40 hours. In addition, sometimes an employer will say that someone may only “claim” a certain number of overtime hours, even though the management knows the employee is working more than that. An employee should be paid properly under the law for every single minute that they work helping a company make money for its owners.
Unfortunately, it appears that Wardlaw may have bought-off larger, valid claims of many water mitigation employees by representing to them that they were receiving a check for all back overtime owed to them. The O’Brien Law Firm believes that Wardlaw’s methodology for calculating the unpaid overtime pay was intentionally conservative in order to get out of as much of their legal overtime obligations as possible. Fortunately, three former water mitigation employees decided to hire this firm to pursue their true damages under the federal overtime laws rather than agree to the inadequate settlement offers from Wardlaw. Case No. 6:16-cv-00393 is pending in the United States District Court for the Western District of Texas, Waco Division.