A recent lawsuit claims that two former workers at a tile and stone company were not paid required overtime wages for hours worked beyond forty each week, raising questions about wage practices affecting non-exempt employees. The complaint was filed by Judy White and Christopher White in the United States District Court for the Northern District of Georgia on March 10, 2026, naming Topcu Corporation doing business as Topcu Tile + Stone and its owner Taskin Topcu as defendants.
According to the court filing, Judy White worked in customer service and Christopher White worked in marketing at Topcu Corporation from February 7, 2007 until May 6, 2025. Both allege that their roles were classified as non-exempt under the Fair Labor Standards Act (FLSA), which requires employers to pay one-and-a-half times an employee’s regular rate for any hours worked over forty in a workweek. The plaintiffs assert that despite regularly working more than forty hours per week during their employment, they did not receive additional compensation for overtime.
The complaint outlines specific details about the nature of both positions. Judy White’s responsibilities included answering emails and phone calls from customers, processing orders, scheduling deliveries with freight carriers, and handling customer complaints within limited authority. The filing states that although her title included “manager,” she did not supervise other employees or manage department operations independently. Similarly, Christopher White’s duties involved maintaining inventory of display boards in showrooms, designing product displays and trade show booths, producing catalogues, scheduling merchandisers’ visits to customers, and assisting at trade shows. He also reportedly had little authority to make independent decisions regarding his work.
Both plaintiffs claim their annual compensation was less than $100,000 and neither held expertise in a highly specialized field. The complaint alleges that their job duties and pay structure did not qualify them for any exemption under the FLSA. It further asserts that other employees performing similar work were recognized by the company as non-exempt and entitled to overtime pay.
The legal dispute centers on whether Topcu Corporation willfully failed to pay proper overtime rates as required by federal law. According to the document: “Defendants knew or should have known that Ms. White and Mr. White worked more than forty hours per week.” Paystubs referenced in the filing indicate intended hourly rates of $36.54 for Judy White and $34.13 for Christopher White based on an eighty-hour biweekly period; commissions earned were also to be included in calculating regular rates according to federal regulations cited by plaintiffs.
The Whites allege they routinely worked weekdays from 7am to 6pm as well as six to eight hours on at least one weekend day throughout their employment’s final three years—described as the “Relevant Time Period.” They claim they stayed late at work or responded to communications outside normal business hours at management’s expectation but never received overtime compensation despite these extended schedules.
In support of their claims, the plaintiffs cite sections of federal law governing overtime pay (29 U.S.C. §§ 207 and 215(a)(2)), arguing that Defendants intentionally permitted them to work extra hours without paying time-and-a-half rates required by statute: “Defendants showed reckless disregard for whether they properly classified Plaintiffs as ‘exempt’ under the FLSA.”
The lawsuit requests several forms of relief from the court: back wages for all unpaid overtime hours over the past three years calculated at one-and-a-half times their regular rate; an equal amount in liquidated damages; reasonable attorneys’ fees; litigation costs; pre-judgment interest; a jury trial; and any further relief deemed just by the court.
Attorney Lydia J. Chastain of Lee Meier Burke represents Judy White and Christopher White in this matter (Case No.: 1:26-cv-01330-TRJ).
Source: 126cv01330_Judy_White_v_Topcu_Corporation_Complaint_Northern_District_of_Georiga.pdf
