Verizon Communications sustains dismissal of $15 million class action 4th Circuit
Clients Verizon Communications, Inc.
Jones Day successfully defended Verizon Communications Inc. and its subsidiaries against a proposed class action under the Fair Labor Standards Act and Maryland and Virginia state law seeking additional wages on behalf of a class of clerks performing "force clerk work." In a seven count complaint, the clerks alleged that they were owed the higher wage rate that Verizon pays clerks in other states. In July 2010, U.S. District Judge Roger W. Titus of the United States District Court for the District of Maryland granted Verizon's motion to dismiss the complaint with prejudice and awarded Verizon costs. Judge Titus agreed with Verizon that the Fair Labor Standards Act claim failed to state a claim upon which relief can be granted and that the state law claims were preempted by both Section 301 of the Labor Management Relations Act and the Machinists doctrine and failed as a matter of state law. In a one paragraph per curiam opinion issued without oral argument, the Fourth Circuit affirmed the district court's order in its entirety.
Janice Lawyer, et al. v. Verizon Communications Inc., et al., No. 10-1996 (4th Cir. May 27, 2011)