Ramirez Et Al vs T&D Custom Fences

On August 7th, 2020, GessnerLaw, PLLC, filed a Class and Collective Action Complaint on behalf of Jose Ramirez and all current and former non-exempt hourly employees, who are or have been employed since August 7th, 2017 by T&D Custom Fences and Decks, LLC and Timmy Wells.

The Collective/Class Action Complaint alleges T&D Custom Fences and Decks, LLC and Timmy Wells violated the Fair Labor Standards Act (“FLSA”) and the North Carolina Wage and Hour Act (“NCWHA”) by failing to pay minimum wage and/or overtime premiums for all hours worked in excess of 40 in a workweek.

On March 1, 2021, U.S. District Judge Terrence W. Boyle granted conditional certification of a collective action of T&D Fences’ non-exempt hourly employees. As part of its Order, the Court approved the distribution of notice to T&D Fences’ non-exempt hourly employees to inform them about this lawsuit, including requiring the Defendants to “post the notice at defendants’ facilities in locations where potential plaintiffs are likely to view it.”

Mr. Ramirez on behalf of himself and all others similarly situated seeks to recover unpaid wages, compensatory damages, liquidated damages, and attorney’s fees as allowed for T&D Custom Fences and Decks, LLC’s violations of the Fair Labor Standards Act (“FLSA”) and the North Carolina Wage and Hour Act (“NCWHA”).

If you have any questions about this case, please contact GessnerLaw, PLLC.

Case Pleadings

Click Here to Read the Consent to Join. 

Click Here to Read the Notice of Collective Action.

Click Here to Read the Order Certifying Collective Action.

Click Here to Read the Complaint.