Powell Trachtman Hit With Overtime Suit by File Clerk
King of Prussia-based Powell Trachtman, which is currently in the process of winding down, now faces a putative class action by one of its file clerks, who alleges the firm failed to pay overtime to its support staff.
May 25, 2018 at 01:24 PM
4 minute read
King of Prussia-based Powell Trachtman, which is currently in the process of winding down, now faces a putative class action by one of its file clerks, who alleges the firm failed to pay overtime to its support staff.
The complaint was filed in the U.S. District Court for the Eastern District of Pennsylvania on Tuesday by plaintiff Tamalyn Anen, who is still employed by the firm, now called Powell Legal Group. It names as defendants Powell Trachtman; Powell Legal Group; Powell, Trachtman, Logan, Carrle & Lombardo (as the firm was previously known); current shareholder David Bolger; and former shareholders Michael Trachtman, Gunther Carrle and Paul Logan.
Anen alleges she regularly worked 45 hours per week or more during her 17 years at the firm, through the end of last year. The firm's policy is to pay non-exempt employees time-and-a-half for hours worked beyond 40 hours per week, according to the complaint, but Anen alleges she was never paid overtime.
The complaint alleges that around the start of this year, Bolger reduced Anen's typical 6 a.m. to 4 p.m. daily schedule to a 6 a.m. to 3 p.m. schedule “because he was upset that she was working overtime hours and was concerned that the firm might owe her overtime pay.”
Anen claims she regularly filed biweekly time sheets, which were approved by the firm administrator and some or all of the individual defendants.
“Powell did not pay Anen any compensation, including overtime compensation, for any of the hours she worked in excess of 40 hours each work week,” the complaint alleges. “Powell and Powell lawyers knew they were required to pay Anen (and her similarly situated file clerks, legal assistants/secretaries, paralegals and other Powell support staff) overtime pay and chose to ignore the law and did not pay overtime pay to anyone.”
The complaint asserts claims under the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law, and for unjust enrichment. Anen is seeking an order permitting the case to proceed as a collective action under the FLSA and as a class action under the state Minimum Wage Act “on behalf of all Powell file clerks, legal assistants/secretaries, paralegals and other support staff who, during any workweek since May 22, 2015, worked more than 40 hours and were not properly paid by Powell.”
Anen is represented by Scott Pollins of Swarthmore. In an emailed statement, Pollins said, “Law firms need to be held accountable when they fail to pay their employees in accordance with the law. Pollins Law is proud to represent long term Powell Trachtman employee Tamalyn Anen in her lawsuit seeking unpaid wages on behalf of herself and other firm support staff.”
As of press time, there was no counsel listed on the docket as representing the defendants.
Trachtman referred comment to Bolger, who he said is coordinating Powell Trachtman's wind-down. Bolger did not respond to requests for comment.
Logan declined to comment. Carrle did not return a call seeking comment.
Powell Trachtman announced earlier this month that it is disbanding after 30 years in business. Trachtman—the firm's last remaining co-founder—along with fellow shareholders David Burkholder and Mary Pedersen, joined Wisler Pearlstine in Blue Bell to form a new venture called the Wisler Business and Entrepreneurship Center, which will focus on providing legal services to midmarket and small companies.
Meanwhile, another group of Powell Trachtman attorneys—shareholders Frederick Brehm, Frank Nofer and Michael McCarter, along with associate Michael Zettlemoyer—announced the formation of a new firm called Brehm Nofer & McCarter, which will focus on representing design professionals in insurance defense and products liability matters. All four attorneys are shareholders in the new Conshohocken-based firm and, according to Zettlemoyer and Brehm, there are plans to bring on several more Powell Trachtman attorneys in the coming weeks.
Those moves came on the heels of the departures of Carrle and Logan at the start of the year. Logan, who was also a co-founder, left to join Post & Schell as a principal in its construction practice, and Carrle went in-house at engineering consulting firm McCormick Taylor.
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