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Partners Barry Moscowitz, Cassie Dallas, Leslie Richardson, and Stephanie Rojo obtained a complete defense verdict after proving in Texas federal court in Waco that their Property & Casualty carrier client did not owe Plaintiffs overtime pay based on the Fair Labor Standards Act.

Questions About Classifying Independent Contractors

The case began in 2017 when the Plaintiffs, 12 insurance agency managers formerly contracted with the Property & Casualty carrier companies, alleged that they were misclassified as independent contractors and were owed overtime pay for a three-year period. In 2024, the case was tried before a jury to determine whether the Plaintiffs could prove they worked more than 40 hours, the number of unpaid overtime hours, and whether Defendant companies knew the agency managers worked overtime and failed to pay them overtime willfully.

During the lengthy trial, 27 total witnesses took the stand. The Thompson Coe trial team was able to effectively discredit the Plaintiffs as to the overtime hours they supposedly worked by presenting opposing fact witness testimony and by weakening the impact of the Plaintiffs’ expert witness during cross-examination.

After a little over two hours deliberating and in spite of the ruling in 2021 classifying them as employees, the jury found that the Plaintiffs failed to prove they worked more than 40 hours in any week, which then dispensed with the other questions the jury had to answer.

Thompson Coe Trial Team

The Thompson Coe trial team included Labor & Employment Vice Chairs Barry Moscowitz and Stephanie Rojo, Appellate partner Cassie Dallas, and Employment and Litigation partner Leslie Richardson.

Related People

Barry A. Moscowitz
Partner

Barry A. Moscowitz

214-871-8275
Email

Cassie J. Dallas
Partner

Cassie J. Dallas

214-871-8257
Email

Leslie W. Richardson
Partner

Leslie W. Richardson

214-871-8210
Email

Stephanie S. Rojo
Partner

Stephanie S. Rojo

512-703-5047
Email

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