Safelite Denies Allegations It Violated Fair Labor Standards
April 16, 2013

by Jenna Reed,

Safelite Fulfillment filed a response recently in the Northern District Court of Texas, Dallas division, denying all allegations that it violated Fair Labor Standards Act (FLSA) in regards to the complaint of David Trent and asked that the court dismiss Trent's complaint.

Trent filed a class action complaint against Safelite alleging that the company failed to pay him in accordance with FSLA. He specifically listed times when he alleges he worked through his lunch break but was not compensated.

Trent worked as an auto glass repair technician specialist at one of Safelite's Dallas/Fort Worth-area locations from June 9, 2004 to October 12, 2012.

In its response, Safelite's attorneys deny the plaintiff has any basis for bringing the complaint forward.

"The defendant denies that plaintiff is entitled to the relief requested," Safelite's attorneys write in the court documents.

"This case is not appropriate for a collective action because the plaintiff is not similarly situated to other members of the purported class," they contend.

Within the initial complaint, Trent's attorneys list all qualifying class members as, "All auto glass repair or installation technicians who worked for the defendant within the last three years who were classified as non-exempt employees, who, as a result of working through their lunch periods, worked in excess of 40 hours in one or more workweeks and were not compensated at one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in one or more workweeks."

Safelite's attorneys respond, "Plaintiff and any members of the putative class were properly compensated for all hours worked and for any hours worked over 40 in a work week."

Finally, the attorneys demand "that this complaint be dismissed [against the company] that it recover its costs, including attorney's fees, herein expended, and that the court grant such other and further relief as may be just and proper."

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