Commercial Painters Paid Per Job Commence FLSA Lawsuit

January 19, 2018

Two former employees of United Painting, Inc. are seeking compensation and damages from their former employer over alleged unpaid overtime wages. The former employees filed a complaint against United Painting, Inc. alleging it violated the Fair Labor Standards Act (FLSA) and the Missouri Minimum Wage Law (“MMWL”).

They first filed the complaint in January 2018 in the United States District Court for the Eastern District of Missouri saying that Defendant 1) improperly used a piece rate to compensate some of their overtime hours; 2) failed to include piece rate payments in determining their regular rate; and 3) failed to pay them for time spent traveling between job sites. The case is asking for collective action treatment under the FLSA 216(b) and Class Action status under Rule 23 for violations of the MMWL.

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The FLSA requires that overtime be paid at one a half times an employee’s regular rate of pay and defines regular rate of pay to include all forms of remuneration in a workweek. Utilizing different payment methods in a workweek does not mitigate an employer’s obligation to properly pay overtime.

The former employees requested full FLSA damages as well as MMWL damages, which include paying all Commercial Painters their unpaid wages, proper overtime wages, liquidated damages, and reasonable attorney’s fees and costs.

This was filed at the District Court, Eastern District of Missouri as Case No. 4:18-cv-00064-JAR. The former employee is represented by the JTB Law Group, LLC.

If you believe you have information about the referenced FLSA lawsuit or may have been shorted wages, please contact the JTB Law Group at (877) 561-0000.