This is not frivolous litigation-Filed by FLSA nm

• IC/Overtime Court Case in Texas - willtype4cash
  • The date is September last year. Why bring it up now that it is being dismissed? sm - KSMT2
    • Are you management? - ?
    • hmmm.... I talked to counsel and - willtype4cash
      • Lawyers will file anything whether it is true or not. They have nothing to lose. sm - Legal Eye
  • Email if you want the court papers. - willtype4cash
  • Is it just for KS not paying for OT, or does it - sm
    • Not just OT - willtype4cash
      • But it doesn't address the problem of shorting of lines? - ? tia
      • KS does not have ICs - cs
        • They used to have ALL "IC's". - willtype4cash
          • Never. I have been an employee since day 1, 6 years ago. sm - KSMT2
        • Maybe this is why... - nm
  • found it. thank you so much. nm - sickntired
    • Will you please post the link - since the OP won't?
  • What is the company name, please? - nm
    • I dont care if they ban me I'll post it - mt2
      • Thank you!!! - nm
  • If it is a court case, then it is public knowledge - so please name company. (NM)
  • name the company; too many to Google. - it's okay to give company name. nm
    • Not okay - they'll delete post - willtype4cash
      • Beginning to sound like you made this up. - exMQer
      • Not true. The name of the company and link, please. nm - Moderator
        • Moderator: Answer, please. Will you delete if posted? NM - willtype4cash
          • I have already answered this above. nm - Moderator
        • And you won't delete the link? nm - willtype4cash
          • Moderator answered "Not True" which means she will not delete post with name and link (nm) - Old MT
        • The problem with something like this is that anyone can file a lawsuit. It does not mean someone is - Curious
          • This is not frivolous litigation-Filed by FLSA nm - willtype4cash
            • The only thing wrong with this. - exMQer
              • Doesn't matter. It'll set precedence. nm - willtype4cash
              • The only thing wrong with this is that the claims are false. sm - KS MT
  • already signed up. its about time nm - mt2
    • Please name company. - NM

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Below I see there are a few posts in response to my followup of no work. Hopefully the point that was made of turning in MTSOs who do not comply with the engaged to wait law was not lost. 

While it is true you can collect unemployment for no work being availabe, the point was if the MTSOs are regularly turned in for requiring MTs to check back for work during their work schedule without pay, the MTSOs may finally get the idea that they are not above the federal FLSA laws.

If you look at numbers 3 and 4 on the website below, I think it will give more explanation of what the law is.  Mainly, if you can only check for work or complete what work comes in from your home computer, that is the same as being restricted to the company's premises, so you are engaged to wait.  The time spent waiting is to be compensated.  You can also contact the Department of Labor in your state and they will explain it to you.

If the MTSOs don't get away with constantly fooling the MTs into thinking they have the right to make the MTs check back for work, then maybe they will quit this practice of overhiring to get the ultra quick TATs they all seem to want now, which is ultimately at the MTs expense.

http://www.hrresource.com/articles/view.php?article_id=1254

and sent copies of some of these job ads asking for ICs and listing a shift.  I am fed up and sick and tired of this.

I don't know completely your situation, but a few years ago, I filed for partial unemployment while employed at a service b/c the workload was extremely sparse and did receive it.  When I filed, I also went looking for a new job and found one within a month. 

My suggestion like others is to start looking now for a new job, but if the workload is low, you could possibly get partial unemployment now until a new job is found.  Every state is different, so you would have to check with the unemployment office in your state regarding benefits, insurance, etc.  Good luck in your search!

Two people at the unemployment office told me I have every right to claim unemployment.  My attorney looked over my contract and apparently the owner didn't cover all her avenues and he found a loophole and told me to file.  BTW - one of the ladies at the unemployment office told me they are seeing more and more MTs filing.