Baker v. Stone County, Mo.
| Citation | 41 F.Supp.2d 965 |
| Decision Date | 16 March 1999 |
| Docket Number | No. 96-5084-CV-SW-1.,96-5084-CV-SW-1. |
| Parties | Jody BAKER, et al., Plaintiffs, v. STONE COUNTY, MISSOURI, et al., Defendants. |
| Court | U.S. District Court — Western District of Missouri |
v.
STONE COUNTY, MISSOURI, et al., Defendants.
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Richard Crites, Springfield, MO, for plaintiffs.
Ransom A. Ellis, Ellis, Ellis, Hammons & Johnson, Springfield, MO, for defendants.
WHIPPLE, District Judge.
Plaintiffs have brought a wage and hour claim against Defendants under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. Plaintiffs are current and former sheriff's deputies, dispatchers, and jailers with the Stone County, Missouri Sheriff's Department. These Plaintiffs have sued the Stone County Commission, current Commissioners Tony DeLong and Alden Hembree, former Commissioner Duane Clark, Stone County Clerk Carolyn Dean, current Stone County Sheriff Richard Hill and former Stone County Sheriff Lonnie Mease. Plaintiffs claim is for unpaid overtime pursuant to the FLSA. Starting April 29, 1998, the Court conducted a three day bench trial on these claims. For the following reasons, the Court finds that Plaintiffs' rights under the FLSA have been violated.
A. Plaintiffs
1. Plaintiff Baker was hired on March 6, 1995, as a sheriff's deputy and is still employed in that capacity by the Sheriff's Department. During his employment with the Sheriff's Department, Plaintiff Baker has earned the following hourly wages:
1995 $7.80
1996 $8.75
1997 $10.00
1998 $10.25
2. Plaintiff Janie Beck was employed by the Stone County Sheriff's Department on March 23, 1993, and is still employed. Plaintiff Beck was employed as a dispatcher until January, 1997, at which time she was promoted to Dispatch Supervisor. During her employment with the Sheriff's Department, Plaintiff Beck has earned the following hourly wages:
1993 $6.00
1994 $6.50
1995 $7.25
1996 $8.00
1997 $8.65
1998 $8.90
3. Plaintiff Jimmy Beck was hired by the Stone County Sheriff's Department on January 26, 1993, and is still employed. Plaintiff was initially employed as a correctional officer and was transferred to the position of Sheriff's deputy on September 22, 1995. During his employment with the Sheriff's Department, Plaintiff Jimmy Beck has earned the following hourly wages:
1993 $6.00
1994 $6.50
1995 $7.30
September 22, 1995 $7.80
1996 $8.30
1997 $10.00
1998 $10.25
4. Plaintiff Greg Bolin was hired by the Sheriff's Department on or about January 8, 1995, as a jailer. He became a deputy sheriff on or about October 17, 1995. Plaintiff Bolin's employment with the Sheriff's Department terminated on or about December 31, 1996. During his employment with the Sheriff's Department, Plaintiff Bolin earned the following hourly wages:
1995 $7.25
October 17, 1995 $7.80
1996 $8.30
Upon his termination from employment with the Sheriff's Department, Bolin accepted payment equal to 23.50 hours of
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accrued compensatory time and signed a written receipt.
5. Plaintiff Paul Branstetter was hired by the Sheriff's Department on or about March 23, 1993, as a jailer. He became a dispatcher on or about October 31, 1994, and a deputy sheriff on or about January 1, 1995. He is still employed by the Sheriff's Department as a deputy sheriff. During his employment with the Sheriff's Department, Plaintiff Branstetter earned the following hourly wages:
1993 $6.00
1994 $6.50
October 31, 1994 $7.80
1995 $8.74
1996 $9.75
1997 $10.00
1998 $10.25
6. Plaintiff Gary Max Carr was hired by the Sheriff's Department on or about April 1, 1993, as a deputy sheriff, and he is still employed in that capacity. During his employment with the Sheriff's Department, Plaintiff Carr has earned the following hourly wages:
1993 $7.80
1994 $8.75
1995 $9.25
1996 $9.75
1997 $10.00
1998 $10.25
7. Plaintiff Gary Kent Doucey was hired by the Sheriff's Department on or about August 8, 1991, as a dispatcher. He became a deputy sheriff on or about February 7, 1994. His employment with the Sheriff's Department terminated on or about April 12, 1997. During his employment with the Sheriff's Department, Plaintiff Doucey earned the following hourly wages:
1993 $6.40
1994 $7.80
1995 $8.75
1996 $9.75
1997 $10.00
8. Plaintiff Tim Gideon was hired by the Sheriff's Department on or about February 8, 1994, as a deputy sheriff and he is still employed in that capacity. During his employment with the Sheriff's Department, Plaintiff Gideon has earned the following hourly wages:
1994 $7.80
1995 $8.75
1996 $9.75
1997 $10.00
1998 $10.50
9. Plaintiff William Heagerty was hired by the Sheriff's Department on or about November 16, 1994, as a jailer. In April, 1996, he became jail administrator. His employment with the Sheriff's Department terminated on December 31, 1996. During his employment with the Sheriff's Department, Plaintiff Heagerty earned the following hourly wages:
1994 $6.00
1995 $7.25
1996 $8.00
At his termination, Plaintiff Heagerty received payment for 64.49 hours which were his "comp time hours that [were] left."
10. Plaintiff William Heinzl was hired by the Sheriff's Department on or about February 1, 1990, as a deputy sheriff and he is still employed in that capacity. During his employment with the Sheriff's Department, Plaintiff Heinzl has earned the following hourly wages:
1993 $8.40
1994 $8.75
1995 $9.25
1996 $9.75
1997 $10.00
1998 $11.00
11. Plaintiff Al Kinser was hired by the Sheriff's Department on or about January 1, 1991, as a deputy sheriff. His employment terminated October 10, 1997. During his employment with the Sheriffs Department, Plaintiff Kinser earned the following hourly wages:
1993 $8.40
1994 $8.75
1995 $9.25
1996 $9.75
1997 $10.00
12. Plaintiff Alan Miller was hired by the Sheriff's Department on or about April 1, 1994, as a deputy sheriff. His employment terminated on or about November 27, 1996. During his employment with the
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Sheriff's Department, Plaintiff Miller earned the following hourly wages:
1994 $7.80
1995 $8.75
1996 $9.75
At the time of his termination, Plaintiff Miller was paid for 262 hours of accrued compensatory and holiday time
13. Plaintiff Jeff Myers was hired by the Sheriff's Department on or about February 8, 1995, as a dispatcher. He became a jailer on or about January 1, 1996, and a deputy sheriff on or about November 1, 1996. He is still employed. During his employment with the Sheriff's Department, Plaintiff Myers has earned the following hourly wages:
1995 $6.00
July 30, 1995 $6.75
1996 $8.00
1997 $9.00
1998 $9.25
14. Plaintiff Alan Outhouse was hired by the Sheriff's Department on or about January 1, 1989, as a deputy sheriff. His employment terminated on December 11, 1996. During his employment with the Sheriff's Department, Plaintiff Outhouse earned the following hourly wages:
1993 $8.40
1994 $8.75
1995 $9.25
1996 $9.75
15. Plaintiff Tim Rinehart was hired by the Sheriff's Department on or about June 1, 1995, as a dispatcher. He became a deputy sheriff on or about August 29, 1996, and is still employed. During his employment, Plaintiff Rinehart has earned the following hourly wages:
1995 $6.00
1996 $7.00
August 29, 1996 $7.80
1997 $9.00
1998 $9.50
16. Plaintiff Alan Stuart was hired by the Sheriff's Department on or about April 6, 1996. Plaintiff Stuart was a dispatcher/jailer for three months and then a dispatcher. His employment terminated in April 1997. During his employment with the Sheriff's Department, Plaintiff Stuart earned the following wages:
1996 $6.00
1997 $7.00
17. Plaintiff Nina Stults was hired by the Sheriff's Department on or about June 26, 1989, as a dispatcher. Her employment terminated December 31, 1996. During her employment with the Sheriff's Department, Plaintiff Stults earned the following hourly wages:
1993 $7.00
1994 $7.30
1995 $7.80
1996 $8.30
At the time of her termination, Plaintiff Stults received payment for 13.50 compensatory hours which were "all comp hours that are left."
18. Plaintiff Forrest Thompson was hired by the Sheriff's Department on or about June 6, 1994, as a deputy sheriff. His employment terminated on or about October 14, 1996. During his employment with the Sheriff's Department, Plaintiff Thompson earned the following hourly wages:
1994 $7.80
1995 $8.75
1996 $9.75
19. Plaintiff Hazel Turner was hired by the Sheriff's Department on or about June 25, 1988, as a dispatcher, and is still employed. During her employment with the Sheriff's Department, Plaintiff Turner has earned the following hourly wages:
1993 $6.40
1994 $7.00
1995 $7.50
1996 $8.20
1997 $8.65
1998 $8.90
20. Plaintiff Vernon Warren was hired by the Sheriff's Department on or about January 1, 1989, as a deputy sheriff. His employment terminated February 28, 1997. During his employment with the Sheriff's Department, Plaintiff Warren earned the following hourly wages:
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1993 $8.40
1994 $8.74
1995 $9.25
1996 $9.75
1997 $10.00
B. Defendants
21. Defendant Stone County, Missouri is a county in the third class. Rev.Mo.Stat. § 48.020.
22. The County Commission is composed of three members, styled "commissioners." Rev.Mo.Stat. § 49.010. The presiding commissioner is elected to four-year terms. Rev.Mo.Stat. § 49.020. Prior to 1996, associate commissioners were elected to two-year terms. As of the general election in 1996, associate commissioners are also elected to four-year terms. Id.
23. Defendant Tony DeLong was elected to the position of Associate Commissioner of Stone County, Missouri in November, 1992, and has served as a Commissioner since. Since January, 1995, DeLong has held the position of Presiding Commissioner.
24. Defendant Alden Hembree was elected to the position of Associate Commissioner of Stone County, Missouri in November, 1988, and has...
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