Clients paid salary and denied overtime pay

Lear Werts represented former Mitek employee Mark Schleipfer - and a class of those similarly situated to him — in their claims against Mitek and its CEO/President, Loyd Ivey. The case was entitled Mark Schleipfer v. Mitek Corporation and Loyd Ivey, Case No. 1:06-CV-109 and was pending in the United States District Court for the Eastern District of Missouri. The judge assigned to the case was the Honorable Catherine D. Perry. The case has been resolved to the satisfaction of all parties.

The case was based on the Fair Labor Standards Act (FLSA) and sought compensation for unpaid overtime. The lawsuit alleged that employees were improperly paid a salary without overtime compensation in work weeks when so-called "exempt" work was not the employee's primary duty. Specifically, the lawsuit alleged that the class members were required to perform non-exempt promotional work and/or manual labor and were not paid overtime for hours worked over 40 in a given week.