A federal court in Tampa, Florida, has tossed a proposed class-action lawsuit claiming a personal injury law firm failed to pay overtime to office workers.
U.S. District Judge Charlene Edwards Honeywell dismissed the suit filed in September against the Jodat Law Group and lawyer Gary Jodat because the lawsuit was never served on either defendant, Law360 reports.
The plaintiff, administrative worker Jayne Hinkle, had alleged she routinely worked more than 40 hours a week, but did not receive overtime pay. She also claimed she was not paid for travel time to deliver mail.
Gary Jodat previously told the ABA Journal that, before filing the lawsuit, the plaintiff had not sought overtime pay beyond the hours claimed on her timesheet. “I know the law regarding wages. And my firm complies with the law,” Jodat said.
“The plaintiff was paid overtime almost every week wherever the plaintiff indicated she worked overtime. The plaintiff filled out her own timesheet, including designating her overtime. I never told the plaintiff or any hourly worker they wouldn’t be paid overtime,” he added.
Another overtime suit filed in September against another Florida law firm, the Disparti Law Group, is still pending. In December, the court entered a scheduling order for the exchange of information between the parties.