Greenway Engineering reaches settlement in overtime lawsuit

Posted: March 23, 2013

The Winchester Star

HARRISONBURG — An overtime case against a local engineering company has been settled.

According to a complaint filed in U.S. District Court in Harrisonburg in March 2012, Greenway Engineering and its president, Mark Smith, failed to pay overtime to Christopher Waddell of West Virginia while he worked there as a “nonlicensed employee” in the engineering department.

On Tuesday, an order for dismissal was issued because the matter has been settled between the two parties, according to court documents.

Greenway, at 151 Windy Hill Lane, is a consulting engineering firm that offers civil engineering, surveying, land planning and environmental services.

Waddell alleged that Greenway paid him and other employees the same hourly rate for all hours worked, including those beyond a regular 40-hour work week.

The suit cites the Fair Labor Standards Act, a federal statute that guarantees “time-and-a-half” for overtime in certain jobs.

According to the complaint, Waddell worked for the company for several years “up to, and through most of 2011.” In that time, he states, Greenway failed to pay overtime to him and “other similarly situated employees in the non-licensed engineering department.”

As a result, the lawsuit states, a collective action is appropriate and notice should be sent of the action to current and former hourly employees who, “in at least one workweek during the past three years, worked over forty hours and were not paid overtime.”

In the suit, Waddell sought damages for the full amount of overtime, an amount equal to the unpaid overtime wages as liquidated damages, attorneys’ fees and post-judgment interest.

— Contact Rebecca Layne at rlayne@winchesterstar.com