THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, August 26, 1995 TAG: 9508260528
SECTION: SPORTS PAGE: C6 EDITION: FINAL
SOURCE: BY BOB ZELLER, STAFF WRITER
DATELINE: BRISTOL, TENN. LENGTH: Medium: 75 lines
In a case that is sending shock waves through NASCAR garages, a former race team member has won a judgment of more than $50,000 against the Stavola Brothers race team for unpaid overtime from July 1992 to February 1994.
Kenneth Troutt of suburban Charlotte was awarded $53,091.36 consisting of $26,545.68 in unpaid overtime and $26,545.68 in damages in a judgment handed down in the Salisbury division of U.S. District Court on Tuesday.
Troutt, a veteran race car builder, said he was hired by the Stavola Brothers team in November 1990 to work a 40-hour week, but was later obligated to work more than 800 hours of overtime without compensation.
The judgment could be a threat to the way things are done in NASCAR because most team members, including hourly employees, routinely work 60-80 hours a week without getting overtime.
Most team members understand what they're getting into and would never expect to receive overtime. But now someone has sued to get it, and won.
``I think this will spook some teams,'' Don Hawk, Dale Earnhardt's business manager, said Friday at Bristol International Raceway as teams prepared for tonight's Goody's 500. ``Not everybody is hired the way this guy was hired, but this will make teams watch out.''
``It's an irritation, but everybody has got to address it,'' added Geoff Smith, Jack Roush's attorney. ``And it's not just here. It's every little race team in America. You have to deal with this piece of paper.''
Smith said he plans on behalf of Roush and other car owners to file a petition with the National Labor Relations Board seeking an exemption to the overtime laws for the racing industry.
Smith said his petition would be based on the contention that team members are professional athletes who, on many teams, share in prize money that can reasonably be considered to make up for lack of overtime pay.
Mike Helton, NASCAR Vice President of Competition, said he hasn't seen the judgment.
``At this point, it appears to be a labor issue between an employee and the race team, but we don't know what it says,'' Helton said.
Richmond Gage, team manager for Stavola Brothers racing, said the team's attorneys had just received a copy of the judgment Friday, ``and until they have a chance to review it, we can't comment. We really can't say whether we'll appeal until they study all the ramifications and what our options are.''
Troutt could not be reached for comment, but the judgment said he was hired by veteran crew chief Harry Hyde in November, 1990, to work 8 a.m. to 5 p.m. Sterling Marlin was then the driver of the Stavola Brothers Ford; it is now driven by Jeff Burton.
The judgment said that in July 1991, when Ken Wilson replaced Hyde as team manager, he ``immediately began requiring (Troutt) and other shop employees to work significantly more than 40 hours per week in the shop.''
Troutt was required to work from 7:30 a.m. to 6 p.m. daily with additional hours required as needed, the judgment said. He was also expected to work as a pit crew member on race weekends. Troutt began keeping a record of his overtime hours.
The judgment said Troutt told Wilson he didn't mind working the extra hours, but expected to be compensated. Wilson told Troutt: ``You know what your options are,'' meaning he could continue working without overtime pay or quit.
Troutt continued working without receiving overtime pay until leaving the team in February 1994. Troutt sued for more than 1,000 hours of overtime worked between July 5, 1992, and Feb. 19, 1994, but the court awarded pay for the 841.5 hours that it found to be justified.
``Overtime hours in racing? I don't agree with it,'' said Wilson, of Greensboro, who now works for the Active Motorsports team as a consultant. ``That's why everybody is on salaries.
``Racing has really changed,'' Wilson said. ``It used to be that everybody got in there and dug with the team. It kinda ain't like that no more.'' by CNB