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Kennedy Hodges L.L.P.

Intertek USA Inc.

Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP

Posted on Jun 22, 2012

June 22, 2012

UPDATE: Inspectors Win Certification Against Intertek

On June 12, 2012, federal district Judge Sim Lake in Houston, Texas granted the Inspector’s Motion to Conditionally Certify the overtime pay case as a collective action and ordered that Intertek turn over a complete list of employees who meet the following class definition:

“Oil, Gas, and Chemical ("OGC") Inspectors who worked for Intertek USA, Inc. at any of its U.S. locations, were paid on either an hourly or fluctuating workweek basis, received compensation in the form of an auto allowance, mileage reimbursement, or meal allowance that was not part of their gross wages, and worked in excess of forty hours of overall work time in any given workweek at one and-a-half times their regular rate during any week between June 10, 2008, and the present. The class shall also include OGC inspectors who signed a release in the Adeva lawsuit, provided they meet the above requirements and worked at least one week for Intertek USA, Inc. after the date they signed such release.”

The court ordered that a Notice of Lawsuit with Opportunity to Join and Consent to Join Collective Action forms be mailed to all employees who meet the definition above. The Notice of Rights describes the procedure for joining the lawsuit, if inspectors decide to do so. The Notice of Rights and Consent forms should be mailed to the Inspectors around June 29, 2012. The court’s order provides the inspectors 60 days from the date of mailing to join the lawsuit, if they so choose.

You may read the Notice of Rights and Consent Form approved by the court here. 

If you have any questions, or believe you should have received the notice, but did not, please contact the lead attorney for the inspectors, Galvin Kennedy, at Gkennedy@kennedyhodges.com or by calling 713-523-0001 or toll free at 877-342-2020.

What is the Intertek lawsuit about?

Our firm filed a wage and hour lawsuit on behalf of current and former inspectors for Intertek USA Inc., who were allegedly denied their wages including overtime pay and minimum wage.

The clients allege that Intertek’s use of the “fluctuating workweek” does not comply with the Fair Labor Standards Act. This lawsuit seeks to recover their overtime wages, liquidated or double damages and attorney’s fees.

The lawsuit claims that Intertek permitted its non-exempt inspectors to work over 40 hours per week, but did not compensate them at a rate of one and-one-half times their regular rate of pay for all hours over 40. Many of these employees were working up to 90 hours in a single week.

Who is eligible to join?
This lawsuit seeks collective-action certification under the Fair Labor Standards Act. If granted, this means all other similarly situated Intertek employees may be able to recover unpaid overtime and minimum wage compensation.

Who is affected?
This lawsuit affects Intertek employees in numerous locations throughout Texas, including but not limited to: Houston, San Antonio, Elmendorf, Plano, Nederland, Baytown, Corpus Christi, Deer Park, Freeport, Pasadena, Texas City, La Porte, Odessa and The Woodlands.

What are you claiming to recover?
The employees seek to recover compensation for minimum wage, their unpaid overtime, liquidated damages, and attorney's fees as required by the FLSA for the past three years before this lawsuit was filed.

Do I have to pay anything?
We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all case expenses and will request reimbursement only in the event we make a recovery in this case.

If you want to speak to one of the attorneys handling this particular case, or if you would like to know more information, send us a contact form or call our office toll-free at 1-888-449-2068.

Don J. Foty - Email Don Foty

Galvin B. Kennedy - Email Galvin Kennedy

Read the blog post: Texas Inspectors denied overtime - you may be owed money.

See the Press Release

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