Hourly employees of Gorman Group, LLC, a road engineering company, have filed a class action lawsuit in order to recover unpaid wages. The company, which provides asphalt paving to municipalities throughout the Northeast, has allegedly unpaid its hourly employees for overtime hours in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Affected employees may include all persons who work or have worked as hourly workers for the company in New York between June 9, 2014 and the date of final judgment in this matter.
These hourly employees claimed that necessary travel and prep time went unregistered by the company even though they were aware of it. This unaccounted time included traveling to a “shop” to perform work such as prepping machines and vehicles by loading and organizing the equipment and materials onto vehicles. They would then travel 1.5 to 2 hours to their assigned job sites and then back to the shop at the end of their day to reequip and organize vehicles in preparation for the next day. Even though Gorman Group scheduled their employees for these hours, they failed to properly count this work and travel as compensable time. Specifically, workers allege that they went unpaid for overtime at 1.5 times their regular rate of pay when they worked over 40 hours per workweek which is required under the FLSA and NYLL.
The lawsuit seeks to recover overtime compensation, agreed upon wages, and other damages for hourly workers of Gorman Group such as foremen, chippers, operators, and all others similar positions. If you would like to find out if you may be affected by this lawsuit, feel free to call our firm, Fitapelli & Schaffer, LLP. Also, if you’ve worked in this industry and believe you have experienced similar issues with unpaid travel time, you may be owed wages. Call us for a free and confidential consultation at (212) 300-0375 or visit our website for additional information.
You can also view the filed complaint here.