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Overtime Pay Lawsuits
29 Feb 2016

MINNEAPOLIS — Two janitors for Capital Building Services Group (CBSG) have agreed to settle their class action wage suit against the company for violations of the Fair Labor Standards Act (FLSA). The settlement amounts to $425,000, in addition to several changes in working conditions. The proposed settlement must first be approved by a federal district court after a fairness hearing. Under the terms of the settlement, CBSG will pay the plaintiffs $425,000, which will include back wages, damages, and attorney’s fees. It also proposes to pay attorney’s fees in the amount of $151,666. The class includes all janitors employed by CBSG between May 20, 2012 and January 15, 2016.

Minimum Wage Claims

The plaintiffs here alleged that CBSG, which cleans Macy’s and Herberger’s department stores in the Twin Cities metropolitan area, failed to pay its janitors for all hours worked. Additionally, the suit alleged that the janitors had to buy their own cleaning supplies, were docked for meal breaks even if they chose not to take them, and were not paid for time spent traveling between the stores they cleaned. Additionally, the plaintiffs claimed that their hours were not always tracked. The janitors also alleged that they were at times not paid for cleaning stores that were not normally assigned to them.

As to the manner of payment, the janitors claimed that they were paid through debit cards. Therefore, they incurred ATM fees when accessing their wages. According to the suit, the company also failed to maintain accurate employment records and provide pay stubs to workers as required by law.

Deductions from Wages for Cleaning Supplies

Under FLSA, items which are considered to be primarily for the benefit or convenience of the employer are not to be included as wages. This includes uniforms or tools used in the employee’s work. Employees may not be required to pay for any of the cost of such items if, by doing so, their wages would be reduced below the required minimum wage or overtime compensation. Additionally, employers may not avoid FLSA minimum wage and overtime requirements by having the employee reimburse the employer in cash for the cost of such items in lieu of deducting the cost from the employee’s wages.

Under FLSA, employers need to ensure that deductions from wages are lawful and do not result in the deprivation of minimum wage or overtime. You should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you or a loved one suspects that your employer is denying you of your wage rights. 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.

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