Employee sues Council of Governments for failing to pay overtime

Michelle Keahey, East Texas Bureau Oct. 31, 2011, 5:00am

SHERMAN - A 911 Program manager has filed a lawsuit claiming her job position was intentionally misclassified so she would not be paid overtime wages.

Peggy Shelley filed suit against Texoma Council of Governments on Oct. 26 in the Eastern District of Texas, Sherman Division.

Texoma Council of Governments is a voluntary organization of local governmental units in Cooke, Grayson and Fannin Counties.

Shelley was hired by the defendant on Aug. 1, 2004, as a 911 Program manager and terminated on July 6. The Texoma Council of Governments classified her position as "exempt" under the Fair Labor Standards Act and therefore, she was not paid overtime.

Shelley argues her position should have been classified as "non-exempt," as she did not exercise discretion or independent judgment. She states that her employer knew the proper classification was "non-exempt" and that its actions were prohibited by law.

The plaintiff is asking the court for an award of unpaid overtime wages, plus liquidated damages, attorney's, costs, expenses and interest.

Shelley is represented by James A. McCorquodale of A M Lawyers in Dallas.

A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00696

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