Employment Attorney Results: Achievements of Allen Vaught

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Obtained a $2,000,000 payment for an executive level employee, exclusive of legal fees, in a significant employment law outcome. Claims against the employer included breach of contract, unpaid bonuses, and violations of state law prohibiting misrepresentations to prospective employees at hiring.  

Raisor, et al. v. Menard, Inc., No. 3:18-cv-00314, U.S. District Court for the Northern District of Ohio (and consolidated cases) (2021) resulted in a gross settlement of $3,614,692.59, inclusive of $1,448,333.33 for legal fees and costs. This settlement was for a class of retail store employees in FLSA cases alleging unpaid overtime wages due to unpaid breaks during work hours, such as rest and restroom breaks. (Vaught served as co-lead counsel for Plaintiffs).  

In Olibas v. Barclay, 838 F.3d 442 (5th Cir. 2016), the jury affirmed a verdict for unpaid overtime wages and liquidated damages based on representative evidence from approximately 110 oilfield truck drivers. The employer claimed the Motor Carrier Act Exemption, but the jury ruled in favor of several dispatchers misclassified as exempt under the FLSA administrative and executive exemptions. (See also Olibas v. Native Oilfield Servs., LLC, 104 F. Supp. 3d 791 (N.D. Tex. 2015)). (Vaught served as lead counsel for plaintiffs and appellees).  

Zaborowski v. MHN Gov't Servs., Inc., 601 F. App'x 461 (9th Cir. 2014) cert. granted, 136 S. Ct. 27 (2015) reached an ultimate class settlement of $3,932,105.29, exclusive of legal fees and costs, in an FLSA case addressing state law independent contractor misclassification overtime wage issues. The trial court’s finding that the arbitration clause was unconscionable led to a denial of the defendants’ motion to compel arbitration. (See also Zaborowski v. MHN Gov't Servs., Inc., 936 F. Supp. 2d 1145 (N.D. Cal. 2013)). (Vaught served as co-lead counsel for plaintiffs).  

In Jones v. SuperMedia Inc., 281 F.R.D. 282 (N.D. Tex. 2012), the plaintiffs defeated a motion to dismiss and achieved class certification for call center workers alleging they were not compensated for all hours worked, culminating in a $1,657,585.06 class settlement exclusive of legal fees and costs. (Vaught served as co-lead counsel for plaintiffs).  

Aguayo v. Bassam Odeh, Inc., No. 3:13-CV-2951-B, 2014 WL 737314 (N.D. Tex. Feb. 26, 2014) involved an FLSA case granting partial conditional certification for overtime claims from fast-food worker plaintiffs alleging they worked off-the-clock. This ultimately led to a judgment of $704,945.68 for 31 plaintiffs, exclusive of legal fees and costs. (Vaught served as lead counsel for plaintiffs).  

Dinkins v. YP Adver. LP, No. 3:14-CV-1463-G, 2015 U.S. Dist. LEXIS 39068 (N.D. Tex. Mar. 27, 2015) denied the defendant’s motion to dismiss, which argued that the call center union member plaintiffs failed to exhaust administrative remedies under the Labor Management Relations Act. The case resulted in a $1,232,000 class settlement, exclusive of legal fees and costs. (Vaught served as lead counsel for plaintiffs).  

Patterson v. O'Bar Wrecker Serv., LLC, 1:22-CV-051-H, 2023 WL 5004417 (N.D. Tex. July 31, 2023) included an order granting summary judgment in favor of the employee plaintiff in an FLSA overtime wage case. The court found the employer willfully violated the FLSA and ruled that an owner of the LLC employer was jointly liable for the employee’s damages, leading to a recovery of $7,210.00 for FLSA overtime wages and liquidated damages, with legal fees totaling $48,343.78. (Vaught was lead counsel for the plaintiff).  

Czarnecki, et al. v. Diesel Pros, LLC, Cause No. 153-248153-10, in the 153rd Judicial District Court of Tarrant County, Texas, resulted in a jury verdict favoring 10 misclassified independent contractor mechanics, ultimately leading to a judgment for unpaid overtime wages and liquidated damages totaling $189,051 for seven plaintiffs, exclusive of legal fees and costs. (Vaught served as co-lead counsel for plaintiffs).  

Wooldridge v. Gateway Transp. of Ga., Inc., No. 4:19-CV-0053-HLM-WEJ, 2019 U.S. Dist. LEXIS 194145 (N.D. Ga. July 12, 2019) addressed FLSA minimum wage issues, ruling that FLSA, rather than DOT standards, applied in determining compensable hours worked for interstate truck drivers. The ruling clarified that such drivers have 24 compensable hours per day while on duty unless the employee and employer agree to exclude up to 8 hours for meal breaks and sleeper berth time. (Vaught served as lead counsel for plaintiffs).  

In Lovo v. Express Courier Int'l, Inc., No. 4:16-CV-853-Y, 2019 U.S. Dist. LEXIS 16824, at *4 (N.D. Tex. Jan. 30, 2019), the court granted the plaintiffs’ motion for summary judgment, ruling that they were employees, not independent contractors as per the FLSA. The plaintiffs, classified as independent contractors, claimed they were owed unpaid overtime pay under the FLSA. (Vaught served as lead counsel for plaintiffs).  

Finally, Walker v. Trinidad Drilling, No. 5:15-CV-169, 2016 U.S. Dist. LEXIS 181914, at *101 (W.D. Tex. Mar. 18, 2016) involved a denial of the defendant’s motion for summary judgment based on the FLSA Motor Carrier Act Exemption for oilfield workers claiming unpaid overtime wages. (Vaught served as co-lead counsel for plaintiffs).