Global Tiling (Tile Installers)
Defendant Global Tiling Inc. is in the business of installing and repairing flooring in car dealerships.
Position(s): Tile installers
Location(s): Anywhere in the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, Midway Atoll, Wake Island, Johnston Island, and/or Palmyra.
Time Period: December 2019 through the present.
The Claims in the Lawsuit
Violations of the Fair Labor Standards Act (“FLSA”)
The Complaint alleges that Global Tiling violated the FLSA’s overtime requirements by failing to pay tile installers an hourly rate for hours worked over 40 in a workweek computed at 1.5x their regular rates of pay, and failing to pay tile installers for time spent travelling between their homes the locations at which they were assigned to perform installation and repair projects.
Violations of the California Labor Code
The Complaint also alleges that Global Tiling violated the California Labor Code by failing to pay tile installers who worked in California an hourly rate for hours worked over 40 in a workweek and/or 8 hours in a day computed at 1.5x their regular rates of pay, failing to pay tile installers for time spent travelling between their homes the locations at which they were assigned to perform installation and repair projects, failing to pay them for rest periods separately from their piece-rate compensation, and failing to provide accurate, itemized wage statements.
Violations of Hawaii Wage-and-Hour Laws
The Complaint also alleges that Global Tiling violated the Hawaii’s wage-and-hour laws by failing to pay tile installers who worked in Hawaii an hourly rate for hours worked over 40 in a workweek computed at 1.5x their regular rates of pay, and failing to pay tile installers for time spent travelling between their homes the locations at which they were assigned to perform installation and repair projects.
December 7, 2022: The case was filed in the United States District Court for the Western District of North Carolina. The case has been assigned to the Honorable Robert J. Conrad, Jr.
How to Participate
To be eligible to recover unpaid wages under the FLSA as an hourly-paid employee within the last 3 years, you must complete a “Consent to Join” form, which you can obtain HERE.
There is a possibility the Court will certify the claims under the California Labor Code as a class action, on behalf of tile installers who worked in California in or after December 2018, and/or will certify the claims under Hawaii’s wage-and-hour laws on behalf of tile installers who worked in Hawaii in or after December 2016.
If a class is certified, persons who fall within the class will be notified they are covered and will automatically be included in this case unless they “opt out.” If you are interested in participating in this case or have further questions, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.