February 22, 2011
CLIFTON N. MILLER and JOHN R. LaBAR – The lawsuit which was filed by Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. in Bedford County, Tennessee on February 22, 2011 on behalf of Richard T. Hudgins, and removed to the United States District Court for the Eastern District of Tennessee seeks damages from The Scoop Newspaper, Inc. for violation of Federal Law for the failure of The Scoop Newspaper, Inc. and its owner, Attorney Jack Heffington, to pay wages to its employee in violation of the Fair Labor Standards Act. The complaint alleges that during Hudgins’ employment with The Scoop Newspaper, Inc., the company routinely failed to pay on time (or at all) employees and independent contractors hired by the company for the production and sales of the company’s publication, “Show Ring Times” and that The Scoop Newspaper’s and Jack Heffington’s failure and/or refusal to properly compensate its employees, or to provide employees with any compensation at all, in accord with the Fair Labor Standards Act was a willful violation of 29 U.S.C. § 207(a)(1) because The Scoop Newspaper’s failure and/or refusal was done with knowing disregard of the existence and requirements of the Act, and The Scoop Newspaper and Jack Heffington had no reasonable grounds for their failure to pay Hudgins. The lawsuit also seeks damages for violation of Tennessee Law for the failure of The Scoop Newspaper, Inc. to pay wages to its employees.
The lawsuit provides that Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. will conduct discovery on behalf of the Plaintiff, Richard T. Hudgins, to determine if the actions as alleged in the lawsuit could give rise to a class action against The Scoop Newspaper, Inc. for violations of the Fair Labor Standards Act and Tennessee Law as described, and if such a class action is proved, the Plaintiff reserves the right to amend the lawsuit accordingly to set out a complaint for class representation with Hudgins designated as the class representative.