Berry Bros

Issues: Unpaid Overtime


On Friday, November 2, 2018, Fitapelli & Schaffer, LLP filed a collective action against Berry Bros. General Contractors (“Berry Bros”) for unpaid wages. Berry Bros, one of the largest construction service providers in the United States, assists on a wide range of oilfield and heavy construction projects throughout the nation. This lawsuit seeks to represent mechanics, welders, electricians, and other similarly situated laborers (collectively “Non-Exempt Laborers”) specifically for unpaid overtime under the Fair Labor Standards Act.

These Non- Exempt Laborers assisted in industrial electronic contracting, industrial electrical instrumentation, control and design services, start-up services, turnaround services, consulting and supervision, maintenance services, and power line construction and maintenance. Despite being non-exempt employees, Berry Bros failed to properly pay Non-Exempt Laborers overtime compensation at 1.5 times their regular rate of pay.  Specifically, Berry Bros did not factor in all compensation it paid Non-Exempt Laborers when calculating the regular rate of pay for purposes of calculating and paying overtime.  As a result, Berry Bros has significantly underpaid Non-Exempt Laborers for overtime hours worked.

Berry Bros employs a significant number of Non-Exempt Laborers across the United States in order to provide all of their services.  For example, Berry Bros’ website shows it has projects in the states of Pennsylvania, West Virginia, North Carolina, South Carolina, Mississippi, Louisiana, Texas, Oklahoma, New Mexico, Kansas, Colorado, Wyoming, Montana, and North Dakota. If you or anyone you know has worked for Berry Bros in the last several years, they may be eligible to join this case and potentially recover owed wages. Call Fitapelli & Schaffer, LLP at (212) 300-0375 for more information or visit our website.

View the complaint here.