In the case of Fleming v. Elliot Security Solutions, LLC, Daphne Fleming and Brintney Jones filed a lawsuit against their former employer, Elliot Security Solutions (Elliot Security), for violating the Fair Labor Standards Act (FLSA) and the Louisiana Final Wage Payment Act (WPA).
Fleming worked as a Field Supervisor and was responsible for checking on employees, maintaining paperwork, retrieving and delivering timesheets, and occasionally working as a security guard when needed. Fleming also supervised 40 to 50 employees, trained them, and provided counseling. Jones, however, worked as a Site Supervisor and guided 8 to 10 guards at a job site. She was later transferred to work as a security guard at several other locations. As a Site Supervisor, Jones was responsible for supervisory duties but performed non-supervisory work as a security guard.
Fleming and Jones claimed that Elliot Security failed to pay them overtime wages, made late payments, and did not pay their final wages as required by law. They also claimed that Elliot Security deducted costs for equipment, uniforms, and other expenses from their paychecks which made their pay amount lower than the minimum and overtime wage. However, Elliot Security argued that the deductions were legally permissible, the late payments were minimal and promptly resolved, and they also argued that Fleming was exempt from overtime pay.
The court found that Fleming and Jones failed to provide evidence that the deductions for uniforms and equipment caused their wages to fall below the minimum wage or cut into their overtime pay.
The court granted a partial summary in favor of Elliot Security and dismissed Fleming and Jones’ unpaid overtime wage allegations.
Key lessons from this case:
- Employers are obligated to pay employees their final wages upon termination or separation from employment, as mandated by state law.
- Employers should promptly address any late wage payments and ensure timely resolution to avoid potential legal repercussions.
- The court may grant a partial summary judgment in favor of the employer when the evidence provided by the employees is insufficient to support their claims, resulting in the dismissal of specific allegations.
If you want to know more about overtime regulations, read our guide on Louisiana Overtime Laws.
