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PennDOT Defendants Not Immune to Suit for Unpaid Wages

Feinstein Doyle Payne & Kravec, LLC won a significant legal victory on October 7, 2016 when its opposition to Defendants’ motion to dismiss carried the day in an unpaid wages class action against PennDOT (Williams, et al. v. Richards, et al., Case No. 2:16-cv-00525).

The ruling by Chief Magistrate Judge Maureen P. Kelly (PennDOT Opinion) sided with the brief in opposition authored by FDPK Partner Pamina Ewing, finding that Defendants were not entitled to immunity from suit under the Eleventh Amendment because they had been sued in their individual capacities.

Ms. Ewing, along with FDPK Partners Edward J. Feinstein and Deborah K. Marcuse and co-counsel Kevin W. Tucker of the Darren K. Parr Law Firm, represents the Plaintiffs in Williams, a group of PennDOT employees who brought a class action for unpaid wages under the Fair Labor Standards Act against four PennDOT officials.

“We’re gratified that the court has made clear that defendants can’t shield themselves from paying these state employees for the overtime they legitimately worked by claiming immunity under the 11th Amendment,” said Ms. Marcuse, quoted in a Law360 article by Dan Packel. “Plaintiffs are now prepared to go forward with proving their case.”

Click here to review the complete Law360 article (subscription required): https://www.law360.com/employment/articles/849476/penndot-officials-not-covered-by-11th-amendment-judge-says

If you have questions about whether you are owed unpaid wages, please contact Ed Feinstein or Deborah Marcuse.

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