GWINNETT COUNTY, Ga. – A jury recently ruled against seven former employees of the Gwinnett County Medical Examiner’s Office who sought compensation for what they claimed were unpaid overtime wages. The decision came after a two-week court trial where jurors sided with Dr. Carol Terry and Forensic Pathology Services, the private firm that oversees death investigations in the area.
The legal dispute centered on allegations from ex-investigators who, in 2021, sued Dr. Terry and her company, which has been contracted by Gwinnett County since 2006. They argued that their assigned workload often extended to nights and weekends, with some weeks reaching up to 100 hours of work. Despite these hours, compensation remained capped at the pay for a standard 40-hour workweek.
The former employees accused the leadership at Forensic Pathology Services of ignoring federal labor laws designed to ensure workers are fairly compensated for overtime. Notably, amid these accusations, Dr. Terry restructured the work environment to ensure no employee exceeded a 40-hour week following a Department of Labor complaint.
During the trial, Dr. Terry emphasized that the employees in question were on a salary basis and classified as exempt from overtime under the Fair Labor Standards Act due to their job roles. This exemption was central to the defense, which maintained that the legal and operational framework was fully compliant with current labor laws.
The jury deliberated for over an hour before arriving at their verdict, concluding that the job classification of the former employees correctly exempted them from overtime pay, siding with Dr. Terry’s interpretation and application of the employment laws.
Following the jury’s ruling, a spokesperson for Forensic Pathology Services stated that their internal review showed the plaintiffs frequently used work hours for personal errands and maintained other jobs or businesses, which contributed to their overall workload.
The spokesperson also highlighted that this case, while challenging, verified the proper employment classification under the Georgia Death Investigations Act. This act empowers trained forensics professionals to carry out their duties in a specialized administrative capacity, which aligns with the administrative exemption from overtime.
At present, it remains unclear whether the dismissed employees plan to challenge the jury’s decision through an appeal.
This incident in Gwinnett County raises broader questions about the classification of employees and overtime compensation, particularly in specialized fields like forensic pathology, where standard work hours can often extend beyond the typical office schedule due to the nature of the job.
Gwinnett stands out in the metro Atlanta region for outsourcing its death investigations to a private company, a practice not commonly adopted by neighboring counties. This outsourcing strategy necessitates careful consideration of labor laws and contractual agreements to ensure fair working conditions and compliance with federal standards.
While the case has concluded in favor of Forensic Pathology Services and Dr. Terry, it underscores the ongoing debates surrounding labor rights, employee classification, and how best to maintain a balance between operational efficiency and worker well-being in critical public services.
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