BENTON - St. Clair County must defend a claim that it owes overtime pay to 911 dispatchers, Senior U.S. District Judge Phil Gilbert ruled on Feb. 20.
Gilbert found enough facts to paint a picture of regular overtime violations.
“It is clear to this court what the plaintiffs are claiming the emergency management administration did wrong and how it accomplished that wrong,” he wrote.
Gilbert rejected the county’s argument that employees should file grievances through their union.
He found the claim didn’t require construction of the collective bargaining agreement to determine whether the county violated the law.
He found plaintiffs Bradley Miller, Kayla Kilpatrick and Blake Bumann alleged no violation of the bargaining agreement.
Their counsel Philip Oliphant of Memphis filed complaints for them last July.
Oliphant claimed they regularly worked more than 40 hours in a week without overtime.
They claimed they worked 12 hour shifts three to five times a week, resulting in weeks with fewer than 40 hours back to back with weeks of more than 40 hours.
He also claimed plaintiffs regularly skipped 30 minute meal breaks and when they asked for relief from deduction of the time they didn’t get it.
County counsel Garrett Hoerner moved to dismiss the complaints in October, claiming plaintiffs should pursue remedies through the bargaining agreement.
He claimed payment practices based on an alternative shift schedule conformed with the agreement and fully reflected it.
In the alternative he moved for a more definite statement, claiming plaintiffs didn’t specify dates and details of violations.
Gilbert found the dispute over working breaks fell within the scope of the bargaining agreement but overtime claims did not.
He found no need for a more definite statement.
Miller alleged he worked 48 hours one week and 36 the next and wasn’t paid for the extra eight hours in the first week.
Bumann alleged he typically worked the same schedule.
Kilpatrick alleged she regularly worked shifts exceeding 40 hours a week.
“To the extent the county claims the plaintiffs insufficiently describe their hours worked, it can consult its own employment records to find out the details,” Gilbert wrote.
“To the extent the county seeks information about specific days relevant events occurred, it can flesh out those details in discovery,” he added.
“If the plaintiffs are not able to provide sufficient details there, they will not be able to prove their damages,” he continued.
Gilbert set a March 5 deadline for the county to answer the complaint, but on March 1 Hoerner moved for reconsideration.
He claimed Gilbert applied the wrong provisions of law.
Gilbert has set trial to begin in October.