Dam Music Festival organizer says she wasn’t paid for work
Two Sedgwick County residents say they weren’t paid the minimum wage for organizing the Dam Music Festival and estimating vehicle repair claims at a Wichita auto shop, according to a federal lawsuit.
Brandy and David Eagle made the allegations against USA Dent, an auto repair shop, and owner Dennis Sanders in a federal complaint filed Friday. They’re seeking an amount of unpaid wages and interest to be determined at a trial by jury. In addition, they seek monetary damages exceeding $75,000 each for breach of contract, according to the complaint.
Dennis Sanders owns USA Dent, according to the lawsuit and state business records. He declined an interview with The Eagle when reached by phone Tuesday afternoon.
Brandy Eagle worked for USA Dent performing accounting work and was paid a salary for it, according to the complaint. In 2019, Sanders asked her to help coordinate the Dam Music Festival, a summer country music festival in El Dorado, separately from her work for USA Dent. Sanders agreed to pay Eagle for that work, according to the complaint.
Eagle said she wasn’t paid at all for her work organizing the music festival, which she did for more than six months. She worked more than 40 hours a week for multiple weeks and wasn’t paid an overtime wage, she alleges in the complaint.
The Fair Labor Standards Act of 1938 established the right to a minimum wage and “time-and-a-half” overtime pay when people work more than 40 hours per week, among other things. The federal minimum wage is $7.25 per hour. The Eagles also brought the suit alleging violation of the Kansas Wage Payment Act, which establishes when wages must be paid.
David Eagle said he was hired by USA Dent in 2018 to help estimate claims for damaged vehicles. He was promised 5% of the income from the jobs he worked, he said, but was not paid all the commission owed to him, according to the complaint.
Sometimes, he was not paid any commission, he said, while other times he was paid less than 3% commission. He was paid on a commission-only basis and did not have a guaranteed salary, according to the complaint.
In addition, Eagle alleges USA Dent improperly deducted money from his commission payments for travel expenses and payoffs to insurance adjusters. He said he told Sanders about the issue but it was never addressed.
Sometimes, David Eagle said, he was not paid for his work until months after it was complete. Because of that, he alleges he worked multiple weeks in which he was not paid the minimum wage.
The Eagles seek to recover from USA Dent and Sanders their unpaid wages including interest, as well as reasonable attorneys’ fees, under both the FLSA and the KWPA. In addition, the Eagles say USA Dent and Sanders breached contract agreements by not paying them for their work.
If you’re an employee in the Wichita area who has experienced wage theft and would like to talk, you can reach reporter Megan Stringer at mstringer@wichitaeagle.com and 316-347-7442.
This story was originally published June 9, 2020 at 3:32 PM.
