BRIDGEVILLE, Pa. — Six Pennsylvania Department of Transportation (PennDOT) employees have filed a federal overtime wage lawsuit against their employer, alleging the organization required them to work off the clock.
The workers from the department’s District 11 in Allegheny County allege they were reportedly told to transport their vehicles and equipment between facilities and refrain from recording their time.
The lawsuit claims the activity took place before and after their assigned shifts.
According to the claim, this led to several hours a day of unpaid work for the employees, which also resulted in hours of unclaimed overtime.
This is a common practice for many employers whose employees frequently operate trucks and other heavy machinery as part of their daily work routine.
Attorneys for the plaintiff allege the practice occurred only in District 11 of the state and that the district’s senior highway maintenance manager was responsible for the practice.
Employees from neighboring districts in Beaver and Lawrence counties have not made similar complaints. A District 11 executive also approved of the policy, the lawsuit alleges.
The PennDOT Secretary of Maintenance and state Transportation Secretary are named as defendants in the suit.
The claim seeks a collective action status, which may include any other possible claimants harmed as far back as three years from the date of the suit.
Plaintiffs seek back wages as well as other damages for the department’s willing refusal to pay regular and overtime hours.
Fair Labor Standars Act Statute
Under the Fair Labor Standards Act, non-overtime exempt employees who works more than 40 hours per week are entitled to overtime pay. Also known as the Wages and Hours Bill, the law requires employers to pay their employees 150 percent (time and a half) of their regular hourly income for every hour worked over 40 hours in a pay period.
Certain exemptions to The Act exist, most notably exempting employees who engage in supervisory or are independent contractors. Courts have ruled these exemptions are narrowly construed and apply strict standards for allowing employees to be exempt from receiving overtime pay.
Fair Labor Standars Act Overtime Lawsuits
You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees have a valid claim under FLSA and believe that your wage rights are being violated. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action.
We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.