BENTON - Senior U.S. District Judge Phil Gilbert found a wage complaint of St. Clair County employees one detail short of sufficient and their lawyer delivered the detail regarding overtime pay before sunset.
Gilbert grabbed the attention of Memphis lawyer Philip Oliphant, counsel for emergency management employees Candis Cross and Tina Joaquin, with his Jan. 16 order.
Gilbert wrote, “It is unclear whether the plaintiffs were not paid at all for their overtime work or whether they were paid their regular pay for those hours.”
He found the complaint otherwise sufficient to survive a motion to dismiss.
Oliphant’s rapid response began with an apology for lack of clarity.
“From on or about Jan. 1, 2022, to February 2023, defendant raised the pay of both plaintiffs by $5 per hour and in doing so ceased paying them at all for all hours worked over 40 in a work week,” he wrote.
“In other words, plaintiffs were paid their new hourly rate for up to 40 hours per week but for any hours over 40 they would receive no compensation whatsoever,” he added.
Oliphant represents emergency management employees Bradley Miller, Kayla Kilpatrick, and Blake Bumann in a second action and employee Ann Ellis in a third action.
County counsel Garrett Hoerner of Belleville moved to dismiss all three complaints or require more definite statements.
Gilbert denied Hoerner’s motion against Ellis on Jan. 12.
He found her pleading was far from undecipherable or unintelligible, and the county didn’t need a more definite statement.
He also found she pleaded her schedule, hours per week, and regular rate of pay for all hours.
Gilbert added that she described deduction of a half hour for lunch breaks she often could not take.
Ellis named at least one supervisor to whom she complained.
“The Court is at a loss to think of what Ellis could further plead that would not exceed the federal notice pleading requirements,” he wrote.
Gilbert found details the county seeks are likely within its own records.
He found the complaint painted a picture of regular overtime payment violations.
“It is clear to the court what Ellis is claiming the emergency management administration did wrong and how it accomplished that wrong,” he wrote.
“This is certainly enough information for the county to investigate her allegations and prepare a response," he added.
Gilbert's order on Cross and Joaquin nearly duplicated his order on Ellis.
As of Jan. 17, he hadn’t ruled on the county’s motion against Miller, Kilpatrick and Bumann.
He has set trial to begin in February 2025.