On November 3, 2025, Biller & Kimble filed a class action lawsuit on behalf of the current and former hourly non-exempt employees who have worked for Western-Southern Financial Group and Eagle Realty Group, a subsidiary of Western-Southern.
The Plaintiff alleges that Western-Southern maintain an unlawful off-the-clock compensation policy with respect to their hourly employees. Specifically, the Complaint asserts that Western-Southern deliberately does not record their hourly workers’ actual time worked. Instead, the company automatically pays the hourly workers for 40 hours per week regardless of if they worked more than 40 hours. Plaintiff contends that this fixed-pay practice denies hourly employees proper compensation for hours worked in excess of 40 per week and constitutes a violation of the overtime provisions of Federal and Ohio law.
Rather than having their workers clock in and out, as is routine for most U.S. employers, the Plaintiff alleges that Western-Southern only track their workers’ time worked by reference to when the workers swipe their security badge to enter and exit the building. But, despite having these records, Western-Southern does not use them to determine how much to pay. Instead, they simply pay for 40 hours, regardless of the actual work time.
Have you worked for Western-Southern? Are you an “hourly” worker who is not actually paid based on your hours, but instead just receive pay for 40 hours each week? If so, contact our firm for a free, confidential consultation that will only take a few minutes. Complete the form below or call us at (513) 202-0710 to get started.
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Past results obtained by Biller & Kimble, LLC are no guarantee of future results. Each case or matter is different and must be judged on its own merits.