ASPEN, CO — A former driver for an Aspen, Colorado towing company recently filed a class action unpaid overtime lawsuit against the company in federal court over allegations that the defendant failed to pay him and other workers for all their time spent on the job. The defendant, Shaun’s Towing, has a contract with the City of Aspen to tow and impound vehicles on behalf of the town and serves most of the Roaring Fork Valley in the state.
According to the unpaid overtime lawsuit, filed in U.S. District Court for the District of Colorado, Shaun’s Towing failed to properly pay employees for their overtime hours under the federal Fair Labor Standards Act (FLSA) and the Colorado Minimum Wage Act. Under the FLSA, employers must pay workers one and a half times the individuals average hourly rate of pay when working more than 40 hours per week. The Colorado Minimum Wage Act also requires overtime pay for shifts lasting more than 12 hours in a day.
The plaintiff claims that he earned an hourly wage of $13 an hour plus a 30% commission payment for each tow but his commissions were not taken into consideration when calculating overtime pay. The lawsuit goes on to add that the plaintiff routinely worked 50 hours per week and more than 12 hours in some shifts but was never compensate properly under federal and state laws. Furthermore, the lawsuit charges the defendant was a “sophisticated party and employer, and therefore knew (or should have known) its policies were in violation of the FLSA.”
The lawsuit seeks class-action status to potentially represent all other similarly-situated workers who may have been denied overtime by the defendant. Under the FLSA, wage theft victims can hold their employers responsible for violating the law and recover their back wages with interest, liquidated damages equal to back pay, attorneys fees, and court costs to litigate the matter. The suit notes that even if the court denies the claim class action status, the plaintiff intends to continue with the lawsuit solely on his behalf.
Tow Driver Unpaid Overtime Lawsuit
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