Penhall Company (Hourly-Paid Field Employees)

Brown, LLC has filed a lawsuit against Penhall Company alleging wage and hour violations under federal and state law. Filing a lawsuit does not mean Penhall Company has been found liable. These allegations remain unproven while the case proceeds through the legal system.

About Penhall Company (“Defendant”)

Penhall Company is a concrete services contractor headquartered in Texas that provides concrete cutting, coring, scanning, demolition, and related infrastructure services. It employs hourly-paid field employees nationwide who perform hands-on concrete and construction-related work at job sites across multiple states.

Workers Covered

Position(s):
Hourly-paid, non-exempt field employees employed by Penhall Company, including but not limited to Concrete Technicians, Concrete Cutters, Laborers, Journeymen, Concrete Rehabilitation Technicians, GPR Analysts, Subsurface Specialists, and similar field-based roles.

Locations Covered

Federal law claims:
The lawsuit includes claims brought on behalf of hourly-paid, non-exempt field employees who were employed by Penhall Company anywhere in the United States and were subject to federal wage and hour laws.

State law claims:
The lawsuit also includes claims brought on behalf of hourly-paid, non-exempt field employees who worked for Penhall Company in:

• Colorado
• Virginia

Time Period Covered

The lawsuit covers hourly-paid, non-exempt field employees who worked for Penhall Company at any time within the applicable limitations periods, including:

• December 19, 2022, through the present for federal claims
• December 19, 2019, through the present for Colorado state law claims
• December 19, 2022, through the present for Virginia state law claims

Even if you no longer work for Penhall Company, you may still be eligible to participate if you worked during these time periods.

For the federal law claims, workers can generally recover wages for up to two years before the date they join the lawsuit by filing a signed consent form with the Court, or up to three years if the Court finds that Penhall’s alleged violations were willful.

Claims in the Lawsuit

The lawsuit alleges that Penhall Company violated wage laws by failing to properly pay hourly-paid field employees for all time worked, including overtime. The claims are based on two main alleged practices:

Unpaid Off-the-Clock Work and Travel Time:
Penhall is accused of failing to pay employees for required work performed outside of paid job-site hours. The lawsuit alleges that employees regularly performed uncompensated work such as loading, unloading, and organizing tools and equipment; traveling between required locations such as company facilities, lodging sites, vendors, and job sites; and traveling away from their home communities during normal working hours. These activities are alleged to be integral to employees’ job duties but were not fully compensated.

Improper Overtime Pay Calculations:
When employees worked more than 40 hours in a workweek, Penhall allegedly failed to calculate overtime correctly by excluding certain forms of compensation, such as referral bonuses, from the regular rate of pay. The lawsuit contends that these payments should have been included when determining overtime rates, resulting in underpayment of overtime wages.

Case Status

December 19, 2025: the lawsuit was filed in the United States District Court for the Southern District of Texas.

How to Participate

If you are interested in participating in the lawsuit, please complete the form below so that the wage and hour lawyers at Brown, LLC can assess your eligibility.

Frequently Asked Questions

Will Brown, LLC Be My Attorneys?

Yes, if you sign a retainer and or Consent to Join form. You owe no legal fees unless there is a recovery. If successful, attorneys’ fees are sought from the defendant, not from you.

Can Penhall Company Retaliate Against Me for Joining?

No. Federal and state wage laws prohibit retaliation against workers who join a lawsuit or assert their wage rights. There are currently no allegations that Penhall Company has retaliated against any workers in this matter.

Will I Have to Testify or Provide Documents?

Possibly, but not necessarily. Many wage and hour cases rely primarily on employer records. However, saving any relevant documents you may have can be helpful, even if they are not required at the outset.

How Long Will the Case Take?

Litigation timelines vary depending on court schedules, case complexity, and how the defendant responds. Wage and hour cases often take two to three years, though timelines can differ based on settlement discussions or court rulings.

Conclusion

If you have information related to the allegations or believe you may be affected, contact the wage and hour lawyers at Brown, LLC at (877) 561-0000 or email flsagroup@jtblawgroup.com. All inquiries are confidential, and accommodations can be made for calls after hours or on weekends.

These are allegations only. No finding of liability has been made against Penhall Company. The case will proceed through the legal process.

Responsible attorney: Nicholas Conlon, Jersey City, New Jersey

Contact: Brown, LLC – Wage and Hour Lawyers
Phone: (877) 561-0000
Email: flsagroup@jtblawgroup.com