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Case Information

Riddle v. SunTrust Bank

This overtime pay case is brought on behalf of current and former Client Technology Specialist CTS-4 employees who did not supervise other CTS employees and who were paid on a salary basis without receiving time and one half premium pay by defendant for work hours over forty in a work week. This case is brought as a Fair Labor Standards Act (FLSA) "collective action" on behalf of other CTS-4 employees. SunTrust initially paid the CTS employees on a salary basis without paying overtime premium pay. The plaintiffs in this case seek full back pay for all overtime hours worked in the last 3 years using the time and one-half method, as well as an equal amount in liquidated damages. The suit claims that SunTrust will be obligated to pay attorneys' fees and costs for the plaintiffs' counsel as well. The case is now pending before U.S. District Judge Richard W. Story, in the Northern District of Georgia. Individuals who wish to join the suit because they fit the class definition should contact one of the plaintiffs' counsel. The plaintiffs in this case are being represented by Dan Getman of Getman Sweeney, Alan Garber of the Garber Law Firm, P.C. in Marietta, Georgia, Ryan Barack of Kwall, Showers, Coleman & Barack, P.A. in Clearwater, Florida, and Jason L. Gunter of Jason L. Gunter P A in Fort Myers, Florida.

Status Reports

Posted on Wednesday, June 4 2008 at 4:02pm
Answers to Common Questions:

What claims are covered in this lawsuit?
The lawsuit at present only covers claims for overtime pay under the federal Fair Labor Standards Act. The specific violations claimed are that the defendant fails to pay time and one half for overtime to similarly situated employees.

What damages are sought?
Under the overtime law, back pay and an equal amount of liquidated damages are claimed for each violation.

How far back can claims be made?
You are entitled to make claims for the period extending back three years from the date your Consent To Sue Form is filed in Court. The defendant will be entitled to argue that its violations were not willful and that it claims should only be limited to a two year period preceding the filing of your Consent To Sue Form. This two or three year period is called the "statute of limitation."

Do I have to pay to join the case?
No. The attorneys are handling this case on a contingent basis and will only be paid when we win through a settlement or final judgment. When plaintiffs win an overtime case, the defendant must pay the plaintiffs' costs and attorneys fees.

Can I wait to file my Consent To Sue form?
You are not part of the case until your Consent to Sue Form is returned to the plaintiffs' attorneys and then filed with the Court. If you delay in filing the Consent to Sue Form, part or all of your claim may be barred by the "statute of limitation." Once a Notice is authorized by the Court, you must generally return the Consent to Sue form within the terms of the notice or the Court may not allow you to join this case.

Can the defendant fire me or take action against me for joining the lawsuit?
The law prohibits retaliation for joining an overtime lawsuit. If any employee suffered retaliation, The Defendant would be liable for double the injury caused to the employee. Notify us immediately if you think any retaliation occurs. Retaliation is extremely rare in overtime cases, because an employer can suffer such serious penalties.

What locations are covered by this lawsuit?
The lawsuit covers every worksite nationwide in the U.S.A.
Posted on Wednesday, June 4 2008 at 4:20pm
The document which starts a lawsuit and specifies the claims in the case is called a "complaint." Click here to review the Complaint (1 Complaint.pdf 244KB) in this case.
Posted on Wednesday, June 4 2008 at 4:20pm
CTS employees who are being laid off (or already were laid off) and who signed a severance agreement, should know that the release language contained in that agreement DOES NOT APPLY TO THE FAIR LABOR STANDARDS ACT. Thus it is entirely permissible to bring FLSA overtime claims against SunTrust for these overtime violations.

Information Request

Please send me more information about this case.

I worked for this defendant also. Tell me how I can join this case.

I understand that merely requesting this information does not create an attorney-client relationship, until and unless Getman Sweeney files my Consent to Sue form with the Court or sends me confirmation of representation.

I understand that to have Getman Sweeney bring my FLSA claims in this lawsuit, I must fill out a consent to sue form, send it to Getman Sweeney, and receive confirmation that I have been added to the case.

All inquiries for possible representation are treated as privileged information and will be used only to contact you for that purpose.

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Getman & Sweeney, PLLC
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New Paltz, NY 12561
845-255-9370
fax: 845-255-8649
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