In the case of Tomlinson v. Trigg County, David Tomlinson filed a lawsuit against Trigg County, Kentucky, and Trigg County Sheriff Aaron Acree for failure to provide overtime compensation. Tomlinson worked as a deputy sheriff for the Trigg County Sheriff’s Office (TCSO). During his employment, Tomlinson served as a K-9 Officer handler and took care of his K-9 partner, Krator, at his home. Tomlinson claimed that he was not paid overtime wages for the overtime hours he spent caring for the dog.
The defendants, Trigg County and the Trigg County Sheriff, sought to dismiss the case and argued that the court lacked authority over this case because the Fair Labor Standards Act’s (FLSA) wage and hour provisions could not be enforced against a state entity. Tomlinson agreed with that argument and subsequently filed a motion to amend his complaint, changing the allegations against the Trigg County Sheriff from his official capacity to his individual capacity. Tomlinson also added former Sheriff Jason Barnes as another “defendant” in his individual capacity.
The court decided to favor Tomlinson’s motion to amend his complaint and allowed the addition of Sheriff Barnes as well. The court stated that it should freely grant leave to amend when justice required it. Although the motion to amend was technically filed outside the time limit, the court considered it a technical mistake and still granted it.
In conclusion, the court granted Tomlinson’s motion to amend the complaint. The court also partially granted Trigg County’s motion to dismiss by dismissing the initial complaint made against Trigg County and the Trigg County Sheriff in their official capacity.
Key lessons from this case:
- Employers, including government entities, may raise defenses under the FLSA to contest claims of overtime violations. Employees need to understand and address these defenses.
- Public employees, even when acting on behalf of a public agency employer, can be held individually liable under the FLSA for violations related to overtime compensation.
- Courts may grant motions to amend overtime pay complaints if it serves the interests of justice for the employee.
If you want to know more about overtime regulations, read our guide on Kentucky Overtime Laws.
