Veronica Schroyer’s lawsuit against Glasscock County has been filed in the U.S. District Court for the Northern District of Texas, San Angelo Division. The following is taken from documents filed with the U.S. District Court on July 14,2000 (Schroyer’s) and Aug. 7, 2000 (Glasscock County’s).
According to Plaintiff’s [Schroyer’s] Statement of Facts, Schroyer’s job duties as Emergency Management Coordinator for Glasscock County required her to answer 911 calls on the first ring, 24 hours per day, 7 days per week, 365 days per year, except for 5 hours on Wednesday evenings. However, Plaintiff states that if a call ever came in during that five-hour period and was not answered by Plaintiff, she was held responsible. According to Plaintiff, she complained verbally to the Glasscock County Commissioners’ Court on April --- , 2000 [no specific date is in court document] regarding her working situation, that she was not compensated for overtime, and that she put her specific complaint in writing to the Glasscock County Commissioners’ Court on April 13, 2000. Plaintiff further states that the Commissioners’ Court sent her a letter on April 14 stating that her job as EMC was terminated effective April 10.
Plaintiff further states that from July 1, 1993 through April 10, 2000, Glasscock County paid her $1,050 per month with no compensation for hours in excess of 40 per week, and that she was required to work in excess of 120 hours per week. Plaintiff states that the payments were less than the minimum wage and overtime compensation prescribed by law. Plaintiff also states that Defendant posted notices and sent interoffice memoranda explaining that federal wage and hour laws were applicable to Defendant’s employees.
Plaintiff states that she is entitled to compensation in accordance with the Fair Labor Standards Act of the United States Code for unpaid overtime compensation, and an equal sum as liquidated damages, plus pre and post-judgment interest, attorney’s fees and court costs. Plaintiff asks for a jury trial.
Defendant [Glasscock County] asks that Plaintiff’s claims in all things be denied. Defendant further lists as its affirmative defenses: Defendant is immune pursuant to the Eleventh Amendment of the U.S. Constitution’s doctrine of sovereign immunity; Defendant is not subject to the Fair Labor Standards Act; Plaintiff is exempt under the administrative employee exemption; Plaintiff is not required to pay on-call wages; Plaintiff has failed to accurately calculate her wage rate and compensation; Plaintiff seeks damages for a time greater than is allow by the US Code; Plaintiff failed to exhaust administrative remedies and Plaintiff has failed to mitigate damages.
Defendant asks that all Plaintiff’s claims be denied; that the demand for jury be struck, and that attorney fees and costs be awarded to Defendant.
Editor’s Note: According to the projected timetable for the action, no trial in this matter is likely before mid-2001.