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Employment Law360, Salvation Army Targeted By FLSA Suit

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By Anne Urda, anne.urda@portfoliomedia.com

Portfolio Media, New York (May 27, 2008)

The Salvation Army has been hit with a proposed collective action by a former employee who
has accused the charitable organization of violating the Fair Labor Standards Act by denying
her overtime wages.

Plaintiff Diana Mullins filed suit Friday in the U.S. District Court for the Northern District of
Ohio, charging the Salvation Army with illegally requiring her and other hourly, nonexempt
employees to work unpaid after hitting the 40-hour mark for the week.

“As a result of Salvation Army’s practice of not authorizing overtime compensation, plaintiff
and other similarly situated store managers and assistant store managers were required to
work off-the-clock in order to complete their job responsibilities,” the complaint states.

Mullins worked at an Ohio Salvation Army store from April 2006 to December 2007, holding
the titles of assistant store manager and store manager during her tenure.

Though the position often required Mullins to put it more than 40 hours per workweek, the
organization refused to pay the hourly employees more for the additional time clocked.

Mullins contends that the Salvation Army demanded that they clock out to avoid being called
on the amount of hours worked over 40.

“As a result of defendant’s record-keeping practice, the off-the-clock work performed by
plaintiff and other similarly situated employees is unrecorded in defendant’s time and
earnings records,” the complaint read.

Though Mullins said in court papers that she was unsure how large the class could grow to
be, she indicated that the number of potential plaintiffs currently hovered around 20.

She is seeking lost wages and injunctive relief in addition to the collective action designation
for her complaint, according to court documents.

Mullins is represented in this matter by attorneys from the Lazzaro Law Firm.

The case is Mullins vs. Salvation Army, case number 1:08-cv-01276, in the U.S. District
Court for the Northern District of Ohio.

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