Employees Sue Mitek Corporation over Unpaid Overtime

Lear & Werts LLP filed a collective action lawsuit against Mitek Corporation d/b/a MTX Corporation ("Mitek") alleging that employees did not receive overtime pay as required by the federal Fair Labor Standards Act ("FLSA").  This case has been resolved to the satisfaction of all parties.

Click here to view the Complaint filed against Mitek.

Click here to view the Court's Order conditionally certifying the case to proceed as a collective action.

Click here to view the Court's Notice of Conditionally Certified Collective Action. 

Who Joined This Lawsuit?

The members of the collective action were employees that met the following criteria:

          1.  Performed promotional work and/or manual labor in any work week;

          2.  Worked more than 40 hours during any such work week; and

          3.  Were not paid overtime compensation in an amount equal to one
               and one-half times the employee's regular rate of pay for the
               hours worked more than 40 during such work week(s).

Summary of Lawsuit

Lear & Werts represented former Mitek employee Mark Schleipfer - and a class of those similarly situated to him - in their claims against Mitek and its CEO/President, Loyd Ivey.  The case was entitled Mark Schleipfer v. Mitek Corporation and Loyd Ivey, Case No. 1:06-CV-109 and was pending in the United States District Court for the Eastern District of Missouri.  The judge assigned to the case was the Honorable Catherine D. Perry.  The case has been resolved to the satisfaction of all parties.

The case was based on the Fair Labor Standards Act (FLSA) and sought compensation for unpaid overtime. The lawsuit alleged that employees were improperly paid a salary without overtime compensation in work weeks when so-called "exempt" work was not the employee's primary duty. Specifically, the lawsuit alleged that the class members were required to perform non-exempt promotional work and/or manual labor and were not paid overtime for hours worked over 40 in a given week.

Mitek Corporation is a leader in audio products. Its brands include MTX Audio, Xtant Technologies, Coustic Car Audio, Atlas Sound, DCM Loudspeakers, Streetwires, Musica, Soundolier, Esoteric Audio USA, SWX, Magnum, and Bass Slammer.

If you are paid on a salary basis and believe that you are required to perform the type of work that is eligible for overtime compensation, please go to our Contact Page to describe your situation in a contact request form. The completed form will be sent via email directly to the lawyers at Lear & Werts and one of the attorneys will contact you to schedule a free consultation.

News Coverage

Click here to View September 5, 2007 Article from the St. Louis Daily Record

Click here to View September 7, 2007 Article from Missouri Lawyers Weekly