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Class Action Lawsuit Against Black & Decker Revived

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A three-judge panel in the 2nd Circuit Court said that lead plaintiff Greg Kuebel has a triable claim against Black & Decker for unpaid overtime issues.

Kuebel was fired after nine months on the job as a retail specialist for Black & Decker for falsifying his timesheets. In the lawsuit, Keubel claimed he was forced to falsify him timesheets because he was forbidden to work more than 40 hours a week even though he was expected to do whatever he had to do to finish a job.

Judge Barrington Parker, wrote that “Viewing the record in the light most favorable to Kuebel, B&D was aware that Retail Specialists’ responsibilities would push them very close to, if not over, the forty-hour threshold, and three of Kuebel’s managers conveyed to him that he should do what it takes to finish the job, but not record any overtime,” and that “Once an employer knows or has reason to know that an employee is working overtime, it cannot deny compensation simply because the employee failed to properly record or claim his overtime hours”.

At least where the employee’s falsifications were carried out at the instruction of the employer or the employer’s agents, the employer cannot be exonerated by the fact that the employee physically entered the erroneous hours into the timesheets,” the ruling states. “As the district court emphasized, Kuebel admits that it was he who falsified his timesheets. … But his testimony – which must be credited at the summary judgement [sic] stage – was that he did so because his managers instructed him not to record more than forty hours per week.”

It will be up to Kuebal to prove that Black & Decker knew he was working off the clock.

breakinglawsuitnews.com disclaimer: This article: Class Action Lawsuit Against Black & Decker Revived was posted on Monday, May 9th, 2011 at 8:13 pm at breakinglawsuitnews.com and is filed under Employment Lawsuits.

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