News

O’Brien Law Firm settles overtime claim for CAD drafter

One job position commonly treated as exempt from overtime, but which appears to be non-exempt under the law (must be paid overtime pay), is a CAD (computer-aided design) drafter. CAD drafters typically use programs such as AutoCAD, IntelliCAD, and Siemens Solid Edge. While CAD drafters typically work on technical designs for complex machinery and structures, the work itself does not require an advanced degree, licensing, nor any specialized scientific knowledge. As a result, according the federal Fair Labor Standards Act, most CAD drafters must be paid an overtime premium when they work more than 40 hours in a workweek.

With this in mind, in April 2021 the O’Brien Law Firm filed suit in a Dallas court on behalf of a CAD drafter who worked for 7 years without properly being paid overtime, which he worked on an almost weekly basis. That case is 3:21-cv-01097, in the United States District Court for the Northern District of Texas. In August 2022, the parties resolved the dispute on confidential terms.

At the same time, this client, who is in his 70s, had a pending age discrimination claim against the same company in a Dallas County District Court. With the help of the O’Brien Law Firm, the parties subsequently resolved that dispute on confidential terms as well.

From our blog

Go to the blog
Kerry O’Brien quoted in Harvard Crimson for article about non-payment to workers

Texas employment attorney Kerry O’Brien was recently interviewed for and quoted in an article by the Harvard student-run newspaper, the Harvard Crimson, concerning a company’s failure to pay and communicate with its workers after an acquisition. That article is ‘Ghosted’: Clients, Mentors Seek Money and Answers from Harvard Dropout’s College Admissions Startup, published March 24. […]

Read More
Kerry O’Brien selected as a 2023 Texas Super Lawyer

Super Lawyers by Thomson Reuters is the premier attorney recognition publication in the legal profession. Kerry O’Brien of the O’Brien Law Firm was just named a 2023 Texas Super Lawyer. The Super Lawyers organization selects lawyers based on a multi-step process, which includes nominations by other lawyers, peer ratings, and research by the organization to […]

Read More