Landscapers Settle Unpaid Overtime Lawsuit for $4.8 Million

Landscapers Settle Unpaid Overtime Lawsuit for $4.8 Million

PHILADELPHIA, PA — Hundreds of landscapers in an unpaid overtime collective action lawsuit recently secured a substantial $4.8 million settlement to resolve claims with their former employer over allegations that the defendant failed to pay overtime and other wages under federal labor laws. The defendant, Brightview Landscapes, formerly known as The Brickman Group, stood accused of failing to pay overtime wages to employees paid on a fluctuating workweek schedule but who only earned a flat, weekly salary for all their time spent on the job.

The terms of the settlement cover plaintiffs across the country who worked for Brightview Landscapes in Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, or Wisconsin. The settlement divides workers into two groups, those who signed onto the suit from the beginning of the litigation and those who may opt into the resolution if they can demonstrate that they are similarly affected.

According to the unpaid overtime lawsuit, originally filed in U.S. District Court for the Middle District of Pennsylvania, Brightview Landscapes systematically underpaid approximately 1,360 landscapers paid on a fluctuating workweek schedule. Under the federal Fair Labor Standards Act (FLSA), fluctuating workers earn a minimum weekly salary, regardless of the number of hours put into the job and earn half their average hourly rate of pay for overtime wages.

While the concept of the fluctuating workweek is one of the more difficult wage practices allowed under the FLSA, the law nonetheless holds the employer responsible for compliance with the statute. Often times, unscrupulous employers rely on their workers’ trust or ignorance of federal pay laws to skirt their responsibility to pay for overtime and other income. Fortunately, the law allows wage theft victims to band together and hire experienced legal counsel to hold companies responsible for their non-compliance with federal and state labor and wage laws.

Fluctuating Workweek Overtime Pay Lawsuit

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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