The Chopin Law Firm LLC recently represented clients in two employment law cases, both of which involved unpaid wages and other related allegations.
Attorney Justin McCarthy Chopin represented plaintiff Quinten Nave in Quinten Nave v. Gulf States Services Group LLC and Marcus Picket Heuchan. In the case, the plaintiff alleged that his rights under the Fair Labor Standards Act (FLSA) had been violated, specifically that he was not paid for overtime hours worked during the construction of various cellphone tower sites. Nave, who served as lead technician on the project, claimed that he did not receive overtime pay during his employment, despite working an average of six or more days a week from the period of January 2017 through July 2019. Additionally, Nave alleged that, despite traveling significant distances for work on a regular basis, he was not compensated in full for travel time. The complaint also alleged that Nave (along with fellow employees who also complained of no overtime pay for overtime hours worked) was informed by the defendant that he was ineligible for overtime pay. Additionally, Nave claimed that he was made to pay for damage to a company vehicle, even though the vehicle was fully insured, and that, upon termination, he did not receive his final paycheck, nor did he receive payment for accrued/unused vacation time.
The collective action was brought on behalf of Nave and all other affected employees who did not receive overtime wages for hours worked during the specified time period of February 2017 through July 2019.
Attorney Justin McCarthy Chopin also represented the plaintiff in enforcing a settlement agreement in Christopher McGovern v. Enterprise Restoration Services, L.L.C., and John Adams, III.
The initial case arose out of a dispute between Christopher McGovern, a construction worker, and his employer, Enterprise Restoration Services, L.L.C. McGovern was hired as an independent contractor and later transitioned into a full-time role, eventually becoming a project manager and on-site consultant for a project involving a damaged property in Louisville, KY. According to the complaint, McGovern alleged that he did not receive any wages/salary for a number of weeks in May 2018, as well as for the entirety of June through September of the same year while working on the Louisville project. Additionally, he alleged that he was not paid commission and that the defendant owed him over $900 in unpaid expenses.
Despite the fact that both parties entered negotiations to attempt to settle the dispute and emails indicating that progress had been made during these negotiations, no formal settlement was finalized. Rather, the defendant filed a motion to dismiss. In response, the plaintiff filed an amended complaint and a motion for summary judgement to enforce a settlement that was discussed via email. The court ultimately determined that a settlement had been agreed upon, given the email exchange and denied the defendant’s motion to dismiss, granting the plaintiff’s motion for summary judgement to enforce the settlement.
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