News

Holtz and Ingold Win Wage and Hour Case

August 25, 2008

Partner James Holtz and Associate Scott Ingold obtained a defense verdict for their client, an employer, in an action for unpaid overtime and failure to provide meal and rest breaks during a three year period. The plantiff further alleged that the employer conspired to pay him as an independent contractor in order to avoid tax and insurance obligations. He claimed damages of over $600,000, plus unspecified punitive damages.

At trial, Mr. Holtz and Mr. Ingold put on evidence that their client had not employed the plaintiff in the three years preceding the filing of the complaint. Evidence was put forth that the employer had paid for all overtime and authorized meal and rest breaks for him.

The judge returned a defense verdict, concluding that, not only was the action against the employer barred by the statute of limitations, but the plaintiff's claims were not credible and unsupported in light of the evidence presented by the defense.

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