On July 26, 2005 the Rasansky Law Firm filed suit
on behalf of Charlotte Clay against Drive Financial Services, Inc.
in the United States District Court for the Northern District of
Texas.
If you are a current or former employee of Drive
Financial Services and that you want to participate in this lawsuit,
contact us immediately by filling out and submitting our online Contact
Form or call us at 214-651-6100.
The court will be asked to certify this case as a collective action
(sometimes called a "class-action") lawsuit under the
Fair Labor Standards Act, in which case Ms. Clay would act as the
representative of other employees of Drive Financial Services who
are similarly situated to her.
The court will be asked to certify a class consisting of all persons,
regardless of precise job title, who worked for Drive Financial
Services during the last three years.
The lawsuit claims that Drive Financial Services improperly classified
many of its employees as "exempt," paying them on a salary-basis
with no additional compensation for overtime hours worked.
We will seek to recover overtime compensation for all hours worked
over 40 by such employees during the last three years.
To view a copy of the law suit document, click here.
Drive Financial Services Lawsuit FAQ
Q. Can Drive Financial Services terminate or disciplined
me for participating in this lawsuit?
A. It is against the law to fire or retaliate against an employee
for participating in a legal proceeding concerning a violation
of overtime laws. If you are a participant in this lawsuit and
feel you have been retaliated against, please contact us immediately.
Q. Drive Financial Services wants me to sign a document
estimating my overtime hours worked. Should I sign it?
A. Under the Fair Labor Standards Act, it is the employer's obligation
to keep accurate records of hours worked. In many instances where
employers are required to pay back wages, an employee's hours worked
and be determined from the computer or telephone records kept by
the employer for some other purpose. It is possible that signing
this type of document could affect your rights if you decide to
participate in the lawsuit against Drive Financial Services. You
should contact an attorney for advice prior to signing such a document.
Q. Drive Financial Services wants me to sign an arbitration
policy. Should I sign it?
A. By agreeing to arbitration, you will probably waive your rights
to have your claims decided by a jury or a judge. Arbitration is
favored by companies as a way to avoid having to defend themselves
in a court of law. You should contact an attorney for advice prior
to consenting to an arbitration policy.
