Another former employee of Barrow County Schools has filed suit against the school system.
Cynthia DeLong was employed as the custodial coordinator for Barrow County Schools from Feb. 25, 2008 until her termination on Oct. 27, 2008.
In a lawsuit filed on Nov. 12, 2009 in Federal Court, DeLong claims that she “worked an amount of time that was more than forty (40) hours per workweek for which she was not paid the overtime differential.”
At the time she was hired, DeLong’s position was advertised as being non-exempt from the overtime provisions codified in the Fair Labor Standards Act of 1938 (FLSA).
DeLong’s attorney, Janet Hill said one of the reasons DeLong took the position was her expectation of overtime wages due to the number of hours that would be required in the position.
“At the time she was hired, she was told it was an hourly position,” Hill said.
DeLong’s responsibilities included processing custodial work requests, ordering materials, maintaining records and completing other associated responsibilities.
According to her attorney, the position was not managerial in nature and should not have been exempt from requirements to pay overtime wages.
In May 2008, DeLong complained that she was not being paid overtime. Allegedly, DeLong was demoted and transferred to a new supervisor immediately thereafter. Five months later she was terminated.
Hill said Barrow County Schools provided a “rather convoluted reason” for ending DeLong’s employment. According to Hill, once DeLong complained about not being paid overtime, her career “went South.” Hill said DeLong was essentially terminated for claims of insubordination stemming from her wage complaint.
In the suit, Hill claims the Barrow County School District willfully violated the FLSA by refusing to pay DeLong overtime and attempted to justify their actions by classifying DeLong’s position as managerial.
Hill said DeLong is owed approximately $27,000 in overtime pay. Under Federal law, if a jury finds that Barrow County Schools willfully violated the FLSA, the school district may be required to pay double that amount in addition to attorney fees and costs of litigation.
The school district has yet to respond to the suit and did not provide a comment on the pending litigation.
The lawsuit is not the first FLSA complaint filed by DeLong.
In April of 2002, DeLong sued the Forsyth County School District regarding minimum wage and overtime compensation.
The suit was dismissed in November of that same year.
Well, well, well....this is what happens when the BCS thinks they are better than everyone else, and they are above the rules and regulations of the law. The BCS better get their nose out of the air and start doing things right, and start treating people as human beings. There will be a lot more law suits if we continue to allow the BCS to do whatever they want.
Why do you assume that simply because a lawsuit was filed it has merit? This disgruntled employee needs close-minded clods on her jury willing to stick it to the government & dispense large sums of taxpayer dollars. Jackpot justice!
The article does not state whether Ms. DeLong filed a complaint with the Ga Dept of Labor. I would have filed a complaint through the GDOL first as they thorughly investigate personell matters such as these before I would jump to get a lawyer. Maybe she did file a complaint since she was fired a Year ago and we are just now reading of this? Don't companies issue letters of intent outlining your job duties when you are first hired? Been at my job 10 yrs so I am not familiar with today's practices.