Poor advice on overtime leads to a Legal Malpractice Case

TF Administration, LLC, a Houston based company owned by Tomisu Friedkin, recently slapped a legal malpractice case on Littler Mendelson P.C. and attorney Kerry Notestine. TF Administration claims that Notestine gave poor advice on overtime payable to domestic employees which led to a costly investigation by the US Department of Labor (DOL).

Plaintiff seeks fee forfeiture and damages that include $134,595 in overtime back pay for domestic workers that the DOL assessed against it in the year 2014.

As per the petition, Notestine advised the Plaintiff and its counsel Marian Rosen that domestic service employees are exempt from overtime which was a misrepresentation of a material fact. Plaintiff further alleges that prior to May 2012, it used to pay its employees overtime or limited the hours of work to 40 per week. It is only after the advice of Defendant Notestine, they made such a big change and stopped paying overtime.

The plaintiff also alleges that during a meeting on May 21, 2013, Notestine told a DOL investigator that TF Administration had not paid overtime because of his advice.

While the defendants state the case lacks merits and that neither the attorney nor the firm holds liabilities for anything, the plaintiff seeks to recover $235,000 plus exemplary damages. The lawsuit has been filed for legal malpractice, professional negligence, and negligent misrepresentation, breach of fiduciary duty, gross negligence, deceptive trade practices and breach of contract