Today, Riggan Law Firm, LLC, a St. Louis wage and hour law firm, working in connection with Weinhaus & Potashnick, achieved a victory for a group of tow truck drivers in a wage-related lawsuit currently pending in the U.S. District Court for the Western District of Missouri. The lawsuit is a collective action case that alleges violations of the minimum wage provisions of the Fair Labor Standards Act. The drivers allege that the commissions they were paid for each tow job did not amount to at least minimum wage for all hours worked, including but not limited to time they were required to be "on-call" for tow calls during evenings and weekends.
Both sides in the lawsuit moved for summary judgment, seeking to have the Court make a pre-trial ruling in their favor. In the Court's Order, the Judge granted the tow truck drivers' Motion for Partial Summary Judgment, finding that the Defendants' violated the law and failed to pay minimum wage for all hours worked by the employees. Likewise, the Judge denied all but a small portion of the Defendants' Motion for Summary Judgment.
The case is now set to proceed to a jury trial beginning on November 7, 2011, where the issue of the proper amount of monetary damages is to be decided by the jury.