The case Gouldie v. Trace Staffing Solutions LLC, initiated in 2021, highlights that Michael Gouldie, a recruiter at Trace Staffing Solutions, claims to have been subjected to FLSA breaches by his employer. He is also attempting to speak on behalf of 56 others who are in similar circumstances.
Michael Gouldie worked at Trace Staffing as a recruiter and often worked for 55-60 hours each week. He claimed to have not received overtime compensation for those extra hours worked.
As Gouldie sought to speak on behalf of other colleagues, he had to pass a 2-step process held by the court. Gouldie has met the first criteria, in which the voluntary workers have to be “similarly situated” to the complainant. Despite having varied job titles at Trace Staffing, recruiters all have similar recruitment responsibilities, which puts them in similar positions.
Gouldie, however, failed to comply with the next condition, which demands that other workers submit written consent submitted to the court. Although Gouldie asserts that more recruiters may be keen on joining the complaint, he does not have any supporting documentation, such as statements or permissions from other workers.
The court finds that it is improper to use its authority to issue notice and might potentially spark needless litigation in the absence of any new proof or consent.
The court then rejected the motion for conditional certification based on the record and the absence of new evidence. It highlights the significance of providing more information than just a single phrase in a statement to establish the presence of individuals in comparable positions.
Key lessons from this case:
- It is important to provide consent when speaking on behalf of others in a court case. Failure to do so may affect the outcomes of the lawsuit.
- Co-workers who can support claims of excessive hours worked or overtime breaches made by an employee might offer important testimony evidence. Co-workers’ candid sharing of their experiences can enhance the overall argument and improve the likelihood of victory.
- When faced with wrongdoing involving overtime compensation, enlisting the aid of an employment law expert with experience in wage and hour laws may be quite helpful to ensure all required documents are prepared.
If you want to know more about overtime regulations, read our guide on Georgia Overtime Laws.
