Cases & Investigations

Below are current cases & investigations that our firm is actively investigating or prosecuting. If you have information or meet the criteria in any of the cases below, please contact us to further discuss.

Active Cases

Butcher-Smith, et al. v. Gospel Light Mennonite Church (Liberty HealthShare)

A lawsuit has been filed in the United States District Court for the Northern District of Ohio, Eastern Division, case number 5:25-cv-02331, styled Butcher-Smith, et al. v. Gospel Light Mennonite Church Medical Aid Plan, Inc. dba Liberty HealthShare, alleging violations of federal and Ohio state wage law. The Complaint asserts that Liberty HealthShare maintained a companywide policy requiring non-exempt call-center employees (including Sales Agents and Enrollment Team Members) to perform unpaid “Clock-in Duties” off the clock—such as booting up computers and logging into KRONOS, Salesforce, and other essential programs—so they were “phone ready” the moment shifts began and after breaks, typically resulting in 5 – 30 minutes of unpaid work and unpaid overtime for hours worked over 40 in a workweek. If you worked at Liberty HealthShare and worked at least 38 hours in any workweek at any time since October 29, 2022, you may be entitled to recover unpaid overtime and additional damages. Please see the Complaint linked HERE for more information.

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Mamone, et al. v. Derive Brewing LLC

A lawsuit has been filed in the Franklin County Court of Common Pleas, case number 25CV009139, styled Mamone, et al. v. Derive Brewing LLC, et al. alleging violations of federal and Ohio state wage law. The Complaint asserts that Defendants required tipped bartenders and servers to perform substantial non tipped opening and closing work—such as filling ice, cutting fruit, cleaning bathrooms, sweeping the patio, and other maintenance—often while the doors were locked to customers and they had no ability to earn tips, all while paying a tipped subminimum wage. The Complaint further alleges that Defendants took a tip credit while requiring employees to participate in a tip pool with management, including bar managers. If you worked for Derive Brewing as a bartender or server at any time since October 23, 2022, you may be entitled to recover unpaid minimum wages, unlawfully retained tips, liquidated damages, and other relief. Please see the Complaint linked HERE for more information.

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Douglas, et al. v. QSR Enterprises Admin, LLC, et al. (McDonald's)

Barkan Meizlish DeRose Cox LLP, along with Nilges Draher LLC, have filed a lawsuit on behalf of hourly employees at a McDonalds' franchise locations in the Northern District of Ohio (Case No. 1:25-cv-00928) for violating federal and state wage laws. The lawsuit claims that hourly employees regularly worked more than 40 hours in a workweek but were paid their straight time hourly rate for hours that exceed 40. In addition, employees were required to perform off-the-clock work without pay such as phone calls and scheduling, as well as working through their unpaid meal breaks.

If you're a current or former employee of QSR Enterprises Admin, LLC since May 8, 2022 who believes you've been affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information about this lawsuit, please see the Complaint HERE.

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In Re Keffer Development Services, LLC Data Security Breach Litigation

Barkan Meizlish DeRose Cox LLP has filed a lawsuit on behalf of victims of a security breach in the Eastern District of Michigan (Case No. 2:25-md-03159-MAG) for violations of constitutional and state law. The lawsuit claims that students and alumni connected to Malone University were subjected to a deeply troubling and unlawful breach of privacy stemming from actions of former University of Michigan and Baltimore Ravens football coach, Matthew Weiss. Specifically, students and alumni at Malon University had private information, including intimate photos and videos, exposed and now seek justice for the unauthorized access and misuse of personal information.

If you are a student or alumni connected to Malone University from 2015 to 2023 you may have been affected by these practices. For more information about this lawsuit, please see the Complaint HERE.

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Fuller-Layton, et al. v. Stake Center Locating

Barkan Meizlish DeRose Cox, LLP and Anderson Alexander, PLLC have filed a federal class and collective action on behalf of Utility Locators and Lead Utility Locators employed by Stake Center Locating, LLC, one of the largest utility locating companies in the U.S.

The lawsuit—filed in the U.S. District Court for the Southern District of Indiana—alleges that Stake Center violated the Fair Labor Standards Act (FLSA) and Indiana wage laws by failing to pay employees for:

  • Pre-shift and post-shift work (such as preparing vehicles, logging into company systems, and completing reports)
  • On-call duties performed off the clock
  • Work performed during unpaid meal breaks
  • Overtime at the correct rate, by excluding vehicle and per diem payments from calculations

The plaintiffs are pursuing unpaid wages, overtime, damages, and attorneys' fees on behalf of themselves and other affected employees across Indiana.

Were You a Utility Locator at Stake Center?

If you worked for Stake Center Locating in Indiana within the last three years and believe you weren't paid properly for all hours worked or overtime, you may be eligible to join this case.

Contact:

  • Barkan Meizlish DeRose Cox, LLP
  • 4200 Regent Street, Suite 210
  • Columbus, OH 43219
  • Phone: (614) 221-4221
  • Email: info@barkanmeizlish.com
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Herns, et al. v. Trivium Aluminum Packaging USA Corporation

A lawsuit has been filed in the Northern District of Ohio, case number 4:25-cv-01982-JRA, styled Herns, et al. v. Trivium Aluminum Packaging USA Corporation, on behalf of current and former hourly employees who worked at Trivium's metal packaging facility in Youngstown, Ohio. The lawsuit alleges violations of the Fair Labor Standards Act (FLSA) and Ohio wage laws, claiming that Trivium systematically failed to pay overtime wages to lithographers and other hourly workers who regularly worked more than 40 hours per week on rotating 12-hour shifts.

The Complaint alleges that employees were required to arrive 15-30 minutes before their scheduled shifts to participate in a "Hand-off Process" with the outgoing shift—discussing critical production details, ink unit performance, and equipment issues—and to stay 15-30 minutes after their shifts to complete "Clock-out Duties" including troubleshooting, cleaning production lines, and restocking materials. Despite requiring this pre-shift and post-shift work, Trivium allegedly modified employees' time records to reflect only 12 or 12.5 hours worked regardless of actual time worked, systematically denying overtime pay for hours worked over 40 per week.

The lawsuit further alleges violations of Ohio's Prompt Pay Act for failing to pay owed wages within required timeframes. These practices may have unfairly reduced your wages, and you may be entitled to compensation for unpaid overtime, liquidated damages, and attorney's fees. Please see the Complaint linked HERE for more information.

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Krebs, et al. v. Akron Brass Company

Are you a current or former hourly employee at Akron Brass Company since August of 2022? You may be entitled to unpaid wages!

A lawsuit has been filed on behalf of current and former hourly employees since August of 2022 against Akron Brass Company styled Krebs, et al. v. Akron Brass Company. Case No. 5:25-cv-01583-BYP for failing to properly calculate overtime pay. Employees who worked in multiple job classifications were not paid using the correct blended overtime rate method, as required by the Fair Labor Standards Act (FLSA).

If you worked overtime and during weeks in which you worked in more than one job classification or more than one rate of pay, you may be entitled to unpaid overtime wages!

Don't miss your chance to recover what you're owed!

Hockey, et al. v. Seafood Shake Boil Strongsville, et al.

A lawsuit has been filed in the Northern District of Ohio, case number 1:25-cv-00089 before the Honorable Chirstopher A. Boyko, styled Hockey, et al. v. Seafood Shake Boil or Strongsville, Inc., on behalf of servers and bartenders, alleging that Seafood Shake violated federal and Ohio state wage laws. The lawsuit claims that employees were forced to participate in unlawful tip-sharing practices, including sharing tips with kitchen staff and management. Additionally, servers and bartenders were required to perform significant non-tip-producing tasks, such as cleaning bathrooms and taking out the trash before and after customer service, all while earning less than the minimum wage. These practices may have unfairly affected your wages, and you may be entitled to compensation for lost tips, unpaid wages, and more. Please see the Complaint linked HERE for more information.

If you believe you are a current or former Seafood Shake employee who worked at any of the Ohio locations since January 17, 2022 and were impacted by these practices, please contact us using the button below. Don't wait—take action now to protect your rights!

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Jones, et al. v. Ford Motor Company

Attention all Process Coaches at Ford! Did you know you may be owed unpaid wages and damages for the last 3 years?

A lawsuit has been filed on behalf of Process Coaches working at Ford Motor Company, claiming Ford broke federal and state wage laws. The case is being heard in Ohio (case number 3:24-cv-02112) by Judge Jack Zouhary, and is called Jones, et al. v. The Ford Motor Company. The lawsuit says that Process Coaches were wrongly classified, not paid correctly for overtime, and didn't receive fair pay for all hours worked.

If you worked at any Ford location in Ohio or across the U.S., you may be part of this case. If you believe you're a current or former Process Coach at Ford since December 5, 2021, and were affected by these issues, you can join the case by filling out your contact information on the page linked below. Don't wait—act now to protect your rights!

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Vanbuskirk, et al. v. Conagra Brands, Inc.

A lawsuit has been filed against Conagra Brands, Inc., and Conagra Foods Packaged Foods Company, LLC, in the Middle District of Pennsylvania, case number 4-23-01856 before the Honorable Matthew W. Brann styled Vanbuskirk, et al v. Conagra Brands, Inc., et al. alleging violations of federal and Pennsylvania state labor laws The lawsuit claims that employees were not properly compensated for time spent donning and doffing sanitary clothing, handwashing, and sanitizing before and after shifts, as well as during unpaid meal periods. These practices are alleged to violate the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA). Please see the Complaint linked HERE for more information.

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Bast, et al. v. Pearl Interactive Network, Inc.

Barkan Meizlish DeRose Cox, LLP has filed a lawsuit on behalf of call center agents who worked for Pearl Interactive Network, Inc. in the Southern District of Ohio (Case No. 2:25-cv-00104) for violating federal and state wage laws. The lawsuit, titled Bast, et al. v. Pearl Interactive Network, Inc., claims that call center agents were not paid properly for the time spent working off-the-clock before and during their shifts, including meal breaks.

Pearl Interactive requires agents to spend time booting up their computers, logging into multiple programs, logging into their phones, and getting ready to take calls—tasks they couldn't clock in for until after everything was set up. As a result, employees weren't compensated for this work, including overtime pay. Additionally, agents are required to cut their meal breaks short to boot up their software and be ready to clock back in on time after their break.

If you're a current or former employee of Pearl Interactive since February 6, 2022 who believes you've been affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information about this lawsuit.

Highman, et al. v. Northstar Café Easton LLC, et al.

Barkan Meizlish DeRose Cox LLP filed a lawsuit against Northstar Café Easton LLC and Northstar Café Westerville LLC in the Southern District of Ohio, case number 2:23-cv-1757 before the Honorable Judge Sargus styled Highman, et al., v. Northstar Café Easton, LLC, et al. alleging violations of federal and Ohio state wage laws. The lawsuit claims that servers were required to participate in tip pools alongside management as well as perform non-tipped opening and closing duties while being paid less than the minimum wage. These practices are alleged to violate the Fair Labor Standards Act and the Ohio Wage Acts. Please see the Complaint linked HERE for more information.

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Stoot, et al. V. Capital Management Services, Inc.

Barkan Meizlish DeRose Cox LLP along with the Pennsylvania law firm of Manes & Narahari, LLC filed two lawsuits against Capital Management Services Group, Inc. and Center One, in the Western District of New York, case number 1:24-cv-00592-LJV before the Honorable Judge Vilardo styled Stoot, et al. v. Capital Management Services Group, Inc., et al and in the Western District of Pennsylvania, case number 2:22-cv-823-MRH before the Honorable Judge Hornak styled Fulton, et al., v. Capital Management Services, L.P., et al alleging violations of federal, Ohio, New York, and Pennsylvania state wage laws. The lawsuit, filed on behalf of call center agents, claims that employees were required to spend time before and during their shifts booting up software systems and addressing technical issues, all while off the clock. Additionally, the case alleges that call center agents were forced to work through their lunch breaks without receiving compensation. These practices are alleged to violate the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act, the New York Minimum Wage Act, and the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payments and Collection Act. Please see the Complaints linked HERE for more information.

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Anderson, et al. v. Shamrock Towing, Inc.

Barkan Meizlish DeRose Cox LLP filed a lawsuit against Shamrock Towing, Inc. in the Southern District of Ohio, case number 2:23-cv-2517 before the Honorable Judge Watson styled Anderson, et al. v. Shamrock Towing, Inc. alleging violations of federal and Ohio state wage laws. The lawsuit claims that tow truck drivers employed by Shamrock Towing were misclassified as exempt from receiving overtime pay. However, since they do not meet the criteria for exemption, they are entitled to time-and-a-half pay for all hours worked over forty in a workweek. These practices are alleged to violate the Fair Labor Standards Act and the Ohio Wage Acts. Please see the Complaint linked HERE for more information.

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Pender, et al. v. Flying S. Wings, Inc. (Buffalo Wild Wings)

Barkan Meizlish DeRose Cox LLP along with the Texas law firm of Herrmann Law Offices filed a lawsuit against Flying S. Wings, Inc. (Buffalo Wild Wings) in the Southern District of Ohio, case number 2:21-cv-04292-ALM-KAJ before the Honorable Judge Marbley styled Pender, et al. v. Flying S. Wings, et al. alleging violations of federal and Ohio wage laws. The lawsuit claims that servers and bartenders employed by Buffalo Wild Wings were required to spend time prior to, after, and throughout their shifts performing non-tipped work such as cleaning, taking out the trash, dish washing, and food prepping while being paid a rate less than the minimum wage. In addition, servers and bartenders were not put on notice that Buffalo Wild Wings was going to be paying them at a tip-credit rate, rather than the full minimum wage for all hours worked. These practices are alleged to violate the Fair Labor Standards Act and the Ohio Wage Acts. Please see the Complaint linked HERE for more information.

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Bob Evans Restaurants, LLC. - Tipped Employees

Barkan Meizlish DeRose Cox LLP along with the Kentucky law firm of Garmer & Prather, PLLC filed a lawsuit against Bob Evans Restaurants, LLC in the Southern District of Ohio, case number 2:22-cv-2123 before the Honorable Judge Watson styled Mitchell, et al. v. Bob Evans Restaurants, LLC alleging violations of federal and Kentucky, Indiana, and Tennessee state wage laws. The lawsuits claims that Bob Evans had a practice of requiring servers to perform work that is not part of their tipped occupation prior to, after, and throughout their shifts, such as cleaning, taking out the trash, dish washing, and food prepping while being paid at a rate less than the minimum wage. Please see the Complaint linked HERE for more information.

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Christensen, et al. v. Freedom Mortgage Company

Barkan Meizlish DeRose Cox, LLP has filed a lawsuit on behalf of call center agents who work for Freedom Mortgage Corporation in the District of New Jersey (Case No. 1:25-cv-01827) for violating federal and state wage laws. The lawsuit, titled Christensen, et al. v. Freedom Mortgage Corporation claims that employees were not paid properly for the time spent working off-the-clock before and during their shifts.

Freedom Mortgage requires employees to spend time booting up software and logging into programs before they are able to begin their work—time they couldn't clock in for until after the process was complete. As a result, employees were not compensated for this prep time or for any overtime worked. Additionally, employees are expected to cut short their meal breaks to finish booting up their software and be ready to clock back in on time after their meal break.

If you're a current or former employee of Freedom Mortgage who believes you've been affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information about this lawsuit, please see the Complaint HERE.

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Shields, et al. v. East Ohio Hospital, LLC, et al.

A lawsuit has been filed against East Ohio Regional Hospital and Dr. John Johnson for violations of federal and state wage laws, as well as the WARN Act. The lawsuit claims that employees were not paid properly, including the failure to receive their final paychecks, which include wages for hours worked and overtime. Additionally, the hospital violated the Worker Adjustment and Retraining Notification (WARN) Act by failing to provide the legally required 60 days' notice before the closure and mass layoffs, leaving employees blindsided and without time to prepare for the loss of their jobs.

If you're a former employee of East Ohio Regional Hospital who believes you've been affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information about this lawsuit, please see the Complaint HERE.

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Anello, et al. v. Rise Brands, Inc. (Pins Mechanical)

A federal lawsuit has been filed against Rise Brands, Inc., the parent company of Pins Mechanical Co., 16-Bit Bar + Arcade, and No Soliciting, alleging widespread violations of federal and state wage and hour laws that impacted bartenders and servers at locations across the country. The lawsuit claims that tipped employees were forced to share their tips with non-tipped staff members, including managers and individuals on the so-called “experience team.” Further, bartenders were required to report to work at least an hour before their scheduled shifts and stay well after closing, performing tasks like cleaning, restocking, and equipment checks, all while being paid less than minimum wage and unable to earn tips during those times.

If you're a current or former tipped employee of Rise Brands, especially Pins Mechanical Co. and believe you were affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information, please see the Complaint HERE.

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McPherson, et al. v. Seek Now, Inc.

A lawsuit has been filed in the Western District of Kentucky, case number 3:25-cv-00464-RGJ before the Honorable Rebecca G. Jennings, styled McPherson, et al. v. Seek Now Inc., alleging that Seek Now violated federal wage laws. The lawsuit claims that individuals were misclassified as independent contractors, and as such have been denied the rights and protections afford to individuals under federal law, including employer-provided workers' compensation coverage, unemployment insurance benefits, and overtime pay. These practices may have unfairly affected your wages, and you may be entitled to compensation for unpaid overtime and more. Please see the Complaint linked HERE for more information.

If you believe you are a current or former individual employed at Seek Now since July 25, 2022 and were impacted by these practices, please contact us using the button below. Don't wait—take action now to protect your rights!.

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Zimmerman, et al. v. Provision Concepts, LLC

A lawsuit has been filed in the Western District of Oklahoma, case number 5:25-cv-00467-PRW before the Honorable Patrick R. Wyrick, styled Zimmerman, et al. v. Provision Concepts, LLC alleging that Provision Concepts violated federal wage laws. This case was brought on behalf of servers and bartenders and claims that Provision Concepts failed to provide the required notice before taking a “tip credit,” unlawfully required employees to share tips with managers and back-of-house staff, and forced servers and bartenders to spend significant time performing non-tipped work before, after, and during their shifts while being paid less than minimum wage. If you worked as a server or bartender for Provision Concepts, your wages may have been unfairly reduced, and you could be entitled to recover unpaid tips and other compensation. Please see the Complaint linked HERE for more information.

If you believe you are a current or former server or bartender employed with Provision Concepts, LLC since April 25, 2022 and were impacted by these practices, please contact us using the button below.

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Tanner, et al. v. Mansfield Hotel, LLC

A lawsuit has been filed in the Northern District of Ohio, case number 1:25-cv-01672-PAB before the Honorable Pamela A. Barker, styled Tanner, et al. v. Mansfield Hotel LLC alleging that Mansfield Hotel violated federal and Ohio state wage laws. This case was filed on behalf of current and former employees and claims that Mansfield Hotel failed to pay employees at the required overtime rate of time-and-a-half for all hours worked over 40 in a workweek, instead paying only employees' straight-time hourly rate. The lawsuit further claims that Mansfield Hotel required employees to perform off-the-clock work assisting hotel guests without compensation. Current and former employees of Mansfield hotel may be entitled to recover unpaid overtime wages and other compensation. Please see the Complaint linked HERE for more information.

If you are a current or former employee of Mansfield Hotel, LLC since August 12, 2022 and were impacted by these practices, please contact us using the button below.

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Miller v. Village of Richfield, Ohio (Richfield Police Department)

Barkan Meizlish DeRose Cox LLP, alongside our co-counsel A Better Balance, filed a lawsuit on behalf of a law enforcement officer with Richfield, Ohio's police department. The lawsuit alleges that her rights under the Pregnant Workers Fairness Act (“PWFA”) were violated when she was pushed away from the job for needing an accommodation to protect the health of her pregnancy. Our client had been working as a police officer for almost 6 years when she informed her boss that she was pregnant and requested some simple, doctor-ordered limitations to make her job less physically demanding and maintain a healthy pregnancy. Richfield Police Department refused, and she was forced on administrative leave despite the availability of ongoing light duty work. Please see the Complaint linked HERE for more information.

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Investigations

Tipped Employees

The Columbus Ohio Overtime Attorneys at Barkan Meizlish DeRose Cox, LLP have extensive experience representing tipped employees and continue to investigate wage and hour violations in restaurants, bars, hotels, and other parts of the service industry in which employees receive tips.

Wage and hour violations often arise in this industry because employers fail to abide by the “tip-credit” requirements of the Fair Labor Standards Act (“FLSA”), which allow employers to pay less than minimum wage to tipped employees only under very specific conditions.

“Tipped employees” are those who customarily and regularly receive more than $30 per month in tips. Under the FLSA, employers can pay tipped employees at an hourly rate rate less than the federal minimum wage by crediting a portion of the employee's tips received toward the required minimum wage. In order to do so, however, the employer must 1) inform the employee that it will be taking a tip credit and 2) may not take or retain any portion of the employee's tips. 29 U.S.C. § 203(m). If an employer fails to comply with these requirements, it cannot apply a tip credit towards the employees' wages, and must instead pay the tipped employee at least the full applicable minimum wage and allow the tipped employee to keep all tips received.

Common wage and hour issues surrounding pay and tips can include:

  • Illegal Tip Pools. Under the FLSA, employers may require tipped employees to contribute a portion of their tips to a general pool to be shared with non-tipped employees. A valid tip pool, however, may not include employees who do not “customarily and regularly” receive tips. Nor will the tip pool be valid if management employees are participants. Employers must notify employees of any required tip pooling arrangements.
  • Unpaid side work. If a tipped employee spends more than 20% of their time performing general side work, an employer may not take a tip credit for that time. Instead, the tipped employee must be compensated at the federal or state-established minimum wage, rather than the “tip credit” minimum wage.
  • Overtime violations. Tipped employees are still entitled to receive overtime pay for all hours worked over 40 in a workweek. Employers can violate this provision by paying employees “straight time” wages, rather than 1.5 times their regular rate of pay, for overtime hours exceeding 40 per workweek. Other violations include failing to include all components of the tipped employee's wages when calculating the regular rate for overtime compensation.
  • Illegal deductions. In addition, employers often make deductions from employees' wages in a manner that reduces their wages below the FLSA minimum wage, including deductions for breaks, uniforms, cash register shortages, and customer walk-outs.

If you think you have been the victim of wage theft or would like answers to questions about how you are paid at work, please call the Columbus Ohio Overtime Attorneys at 800-274-5297 or click here. The consolation is free and confidential. The Columbus Ohio minimum wage and overtime attorneys at Barkan Meizlish DeRose Cox, LLP have been helping working families with legal services for over 60 years and they are here to help you.

Call Center Employees

The Columbus Ohio Overtime Attorneys at Barkan Meizlish DeRose Cox, LLP have extensive experience representing call center workers and continue to investigate these types of cases. Telephone customer service is a critical part of many businesses and we have seen the growth of both in-house call centers and companies that provide the call center service to other businesses. The employees affected have job titles such as agent, associate, representative, advisor, and specialist, and responsibilities that include customer care, client services, and technical support, call center personnel handle a variety of inbound and outbound telephone duties. To cut costs, many in-house call centers and call center companies now employ telephone agents and representatives who work from home. Whether you are a telephone agent employed at a call centers or in work-at-home positions you are entitled to be paid for all of the hours you worked and must be paid 150% of their regular hourly rate for all hours worked over 40 in a workweek.

The common wage violations in the call center industry include:

  • Making telephone agents and representatives work through meal and rest breaks without pay;
  • Not paying telephone agents and representatives for time spent logging into & out of their computer systems before or after shifts;
  • Not paying telephone agents and representatives for the time spent downloading their daily work instructions or uploading their daily work reports; and/or,
  • Not paying telephone agents and representatives for the time spent preparing and completing required paperwork or reading emails before or after shifts.

If you think you have been the victim of wage theft or would like answers to questions about how you are paid at work, please call the Columbus Ohio Overtime Attorneys at 800-274-5297 or click here. The consolation is free and confidential. The Columbus Ohio minimum wage and overtime attorneys at Barkan Meizlish DeRose Cox, LLP have been helping working families with legal services for over 60 years and they are here to help you.

Completed Cases

Wilder, et al. v. The Kroger Co.

Barkan Meizlish DeRose Cox LLP along with the Texas law firm of Anderson Alexander, PLLC filed a lawsuit against The Kroger Co. in the Southern District of Ohio, case number 22-cv-681 before the Honorable Judge Hopkins styled Wilder, et al. v. The Kroger Co. alleging violations of Federal and various state wage laws. The lawsuit claims that Kroger employees encountered issues with the clock-in devices Kroger used to track and pay their time, and therefore they were not paid properly for all hours worked.

Foreman, et al. v. First Drive Logistics, Inc., et al.

Barkan Meizlish DeRose Cox, LLP filed a lawsuit on behalf of delivery drivers who worked for First Drive Logistics, Inc. in the Southern District of Ohio (Case No. 2:2025-cv-00182) for violating federal and state wage laws. The lawsuit, titled Foreman, et al. v. First Drive Logistics, Inc. claims that drivers were not paid for the time spent inspecting and loading their vans before they were allowed to clock in, as well as for overtime worked. Additionally, drivers are auto-deducted for a 50-minute lunch break, even though they continue to work during this time. These practices are alleged to violate the Fair Labor Standards Act and the Ohio Wage Acts.

Braun, et al. v. Coulter Ventures, LLC (Rogue Fitness)

On November 18, 2019, attorneys with Barkan Meizlish DeRose Cox, LLP and Marshall and Forman, LLC filed a collective and federal action complaint against Coulter Ventures, LLC DBA Rogue Fitness, a fitness equipment manufacturer.

The complaint states that Rogue Fitness allegedly violated the Federal Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. §§201, et seq., The Ohio Minimum Fair Wage Standards Act [“the Ohio Wage Act”], O.R.C. §§4111.01., 4111.03 and 4111.10, and the Ohio Prompt Pay Act [“the OPPA”]. The complaint states that the company did not properly compensate its non-exempt employees for their full hours worked.

Abner, et al. v. Convergys Corporation

Barkan Meizlish DeRose Cox, LLP and Anderson Alexander, PLLC, filed a Class and Collective Action Complaint against Convergys Corporation (“Convergys”), a corporation that operates call centers, to recover unpaid overtime compensation. The Plaintiff and the Putative Class Members allege in the Complaint that they were employed by Convergys, but have not been compensated for a significant portion of their overtime hours worked.

The Plaintiff and the Putative Class Members worked as call-center employees for Convergys at any time in the past three years. The Plaintiff and the Putative Class Members allege that Convergys has enforced uniformed company-wide corporate policies wherein it improperly required its non-exempt hourly employees to perform work off-the-clock and without pay and has also illegally required Plaintiff and the Putative Class Members to clock out for breaks lasting twenty minutes or less. As a result, the suit alleges, the Plaintiff and the Putative Class Members were not properly paid for all of their overtime hours worked in violation of state and federal law.

Sprague, et al. v. Universal Transportation Systems LLC, et al.

On March 6, 2018, Barkan Meizlish DeRose Cox, LLP and Winebrake & Santillo, LLC, filed a Class and Collective Action Complaint against Universal Transportation Systems LLC and Quality Transportation Services LLC (“Defendants”), to recover unpaid overtime compensation. Defendants have jointly employed hundreds of individuals as drivers, including Plaintiff, who are paid on an hourly basis and whose primary duty is transporting Defendants' customers from location to location throughout Ohio.

The lawsuit is brought on behalf of current and former employees who worked as drivers. The Complaint covers those drivers who were not properly compensated for all of their overtime hours worked in violation the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”), the Ohio Minimum Fair Wage Standards Act, O.R.C. §§ 4111 et seq. (“Ohio Wage Act”), and the Ohio Prompt Pay Act, O.R.C. § 4113.15 (“OPPA”). Under the FLSA, nonexempt employees must be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 40 in a workweek.

The Plaintiff and other drivers allege that drivers typically pick up multiple customers in a day and are paid for the time they spend transporting the individual customer from location to location. According to the Complaint, Defendants failed to pay Plaintiff and other drivers for all the time elapsed between customer visits. As a result, the suit alleges, the Plaintiff and other similarly situated individuals were not properly paid for all of their overtime hours worked.

Bernardez, et al. v. Firstsource Solutions USA, LLC

On October 4, 2017, the law firms of Barkan Meizlish DeRose Cox, LLP and JTB Law Group, LLC filed a collective action lawsuit against Firstsource Solutions USA, LLC (“Firstsource”). Firstsource is a company that provides eligibility, enrollment, and other recovery services that help hospitals and health systems maximize reimbursement and increase cash flow.

The Plaintiff and those similarly situated worked as employees of Firstsource as Patient Service Representatives, Floaters/Trainers, and Team Leads. During the course of their employment, Firstsource required Plaintiff and those similarly situated to perform a volume of work assignments that could not be completed with the 8-hour daily work schedule or the 40-hour weekly work schedule. Plaintiff and those similarly situated were repeatedly reprimanded for not completing their work in a workday, but were prohibited from reporting or clocking in more than 40 hours of work per week. According to the Complaint, the Plaintiff and those similarly situated regularly worked over 40 hours per week, yet Firstsource failed to pay them overtime compensation for all hours worked over 40 in a workweek. The Plaintiff and those similarly situated seeks to recover unpaid overtime compensation and liquidated damages under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et. seq. and attendant regulations at 29 C.F.R. § 516, et. seq.

Jones v. Producers service Corporation

On December 14, 2017, the law firms of Barkan Meizlish DeRose Cox, LLP and Sanford Law Firm, PLLC filed a Collective and Class Action Complaint against Producers Service Corporation (“Producers”), an Ohio-based company in the oil and natural gas industry.

The lawsuit is brought on behalf of current or former oilfield equipment operators of Producers, whose job duties included assisting those working at oil well sites in pumping and fracking oil wells. The Complaint alleges that Producers knowingly misclassified the Plaintiff and other similarly situated individuals as exempt from receiving overtime pay under the Fair Labor Standards Act (“FLSA”). Specifically, the lawsuit alleges that Producers did not pay the Plaintiff overtime compensation until after he worked over 60 hours in one workweek, rather than 40 hours worked in one week as required by the FLSA. The Plaintiff seeks damages in the United States District Court for the Southern District of Ohio, Eastern Division for Producers' alleged violations of the FLSA, Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay Act.

Rebollar, et al. v. DBC Food, LLC

On July 23, 2018, Barkan Meizlish DeRose Cox, LLP and the Kentucky Equal Justice Center filed their First Amended Complaint against DBC Food, LLC #2, d/b/a Mango's Mexican Restaurant, Cesar Toro, and Benigno Estrada (collectively, “Defendants”), owners of a restaurant located in Louisville, Kentucky.

The lawsuit is brought on behalf of two former employees of the Defendants, one who worked as a server and one who worked as a cook. The Plaintiffs allege that Defendants have violated 29 U.S.C. § 203(m) of the Fair Labor Standards Act (“FLSA”), which only allows employers to pay less than minimum wage to employees who receive tips under very specific conditions. Additionally, Plaintiffs seek to recover for minimum wages Defendants owe to them, illegally requiring employees to remit portions of their tips to management, failing to maintain accurate employment records, and failing to timely pay Plaintiffs in violation of Kentucky Wage and Hour laws.

Ebright, et al. v. Universal Entertainment, Inc. (The King of Clubs)

Barkan Meizlish DeRose Cox LLP filed a lawsuit against Universal Entertainment LLC (The King of Clubs) in the Southern District of Ohio, case number 2:24-cv-04165-MHW-CMV before the Honorable Judge Watson styled Ebright, et al. v. Universal Entertainment LLC, et al. alleging violations of federal and Ohio state wage laws. The lawsuit, filed on behalf of servers and bartenders, claims that King of Clubs misclassified its servers as independent contractors, rather than employees, and failed to pay them proper wages, instead relying on customer tips to cover their earnings. Additionally, the lawsuit accuses King of Clubs of permitting management and other non-tipped back-of-house staff to partake in the tip pool alongside servers and bartenders. These practices are alleged to violate the Fair Labor Standards Act, and the Ohio Wage Acts. Please see the Complaint linked HERE for more information.

If you're a current or former bartender at King of Clubs who believes you've been affected by these practices, you may be eligible to join the lawsuit and seek compensation. For more information about this lawsuit, please see the Complaint HERE.

More Information About This Case

Walters, et al. v. Professional Labor Group, LLC

Barkan Meizlish DeRose Cox LLP, in collaboration with attorneys from Nilges Draher LLC, secured a $695,000 judgment in the Southern District of Indiana before the Honorable Judge Sweeney that was upheld by the Seventh Circuit Court of Appeals on behalf of 53 employees at Professional Labor Group. The case addressed overtime violations related to unpaid travel time to and from overnight job sites, which was neither compensated nor included in the calculation of hours worked for overtime purposes.

Click here for a copy of Judge Sweeney's Order and Judgement and the Seventh Circuit Decision.