Montgomery | Ex-editor claims unpaid OT in suit

A former Montgomery Advertiser sports editor says he was fired after complaining to management about the newspaper's refusal to pay overtime to his department's employees, according to a federal lawsuit he's brought against Gannett and the paper. The suit, filed in U.S. District Court last October, was brought to my attention last week by a Gannett Blog reader after I wrote about a similar suit against a Tampa, Fla., newspaper owned by Media General.

The suit filed by David Johnson is still active, and depositions have been scheduled, Johnson's attorney told me this morning.

In the suit, Johnson accuses Executive Editor Wanda Lloyd and then-Managing Editor Melanie Gray of directing him to deny comp time to his five reporters in lieu of overtime payments. Linda Browder, head of human resources at the time, "covered her ears when the defendant made this directive to Mr. Johnson," the suit says.

During peak sports season in the fall, it was not unusual for the reporters to work seven days a week, exceeding 40 hours, the complaint says.

The Advertiser hired Johnson as assistant sports editor in May 2006, then promoted him to sports editor in April 2007, at an annual salary of $52,000, plus benefits, the suit says.

Starting in June 2007, the suit says, Johnson told his reporters to "document every hour they worked and list the time on their time cards.'' In the fall of 2008, management again told him that the reporters "would no longer be compensated for overtime hours, but were expected to cover the same amount of events as they had in the past."

Johnson continued to complain to Lloyd, Gray and Browder about their refusal to pay overtime, the suit says. Johnson says he also complained to the publisher at the time, Scott Brown. Johnson was eventually placed on probation for 90 days. Then, in November 2008, Johnson was fired, the suit says.

He is seeking back pay with interest, plus unspecified compensation for damages.

Got a tip about unpaid overtime? Please post your replies in the comments section, below. To e-mail confidentially, write jimhopkins[at]gmail[dot-com]; see Tipsters Anonymous Policy in the rail, upper right.

[Image: today's Advertiser, Newseum]