MIAMI — A group of construction workers filed a class action suit against Bouygues Civil Works of Florida Inc. for alleged violations of the Fair Labor Standards Act (FLSA). The class included hourly paid foremen, machine operators, carpenters, laborers, divers, and drivers who worked on a Miami Tunnel project that created direct highway access to PortMiami and were paid between $13.50 and $35 per hour. The tunnel provides better access from the seaport to Interstate 395, which goes into Miami from the east, and Interstate 95, which runs up and down the city close to the coast.
Alleged Overtime Violations
According to the lawsuit, the company required the plaintiffs to work in excess of 40 hours per week, which were then added to the payroll the following week to avoid the payment of overtime wages. The plaintiffs were paid at their regularly hour rate the following week, which enabled the company to evade FLSA requirements. Additionally, the plaintiffs claim that the company improperly deducted time from their recorded work hours, including half-hour meal breaks during which they were sometimes required to work or be available for work.
FLSA’s Requirements
FLSA requires that employees who are non-exempt receive overtime pay for any time worked beyond forty hours in any one workweek. The rate for overtime pay is one and one-half times the regular rate of pay and must be paid in monetary wages, not in goods or time off. A workweek is defined under FLSA as one period of 168 hours, or seven consecutive twenty-four hour periods. This workweek may start at any time, or on any day, as long as the starting days and times are consistent.
Here, Bouygues Civil Works allegedly avoided paying overtime wages by adding those overtime hours worked to the following week’s payroll. If proven, the conduct by these employers may support that they willfully or even intentionally tried to deprive their workers of overtime pay that they were entitled to. If the plaintiffs can prove that the company willfully violated FLSA, they may be entitled to liquidated damages, which is equal to the amount of any award lost or unpaid wages and is often referred to as “double damages.” However, if the company’s conduct was intentional, an award of punitive damages is possible.
Many employees are being unlawfully denied overtime pay due to willful or intentional conduct by employers. If you feel that you fit this description, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. 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.