Former Employee Files Suit Against Southwinds Inspection Corp.

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A North Dakota man has filed a proposed class action lawsuit against Southwinds Inspection Corp. claiming the company denies employees their rights under the Fair Labor Standards Act (FLSA). The plaintiff, who was employed by Southwinds as an inspector, says he often worked more than 12 hours per day for five or six hours per week, totaling more than 40 hours. He allegedly received a salary and was classified as exempt from overtime pay. The suit argues, however, that the plaintiff and other inspectors should have received overtime pay as non-exempt employees under the FLSA because they do not occupy management positions and are required to adhere to non-discretional techniques and procedures in the performance of their work.