On Thursday, July 23, 2020, Fitapelli & Schaffer, LLP alongside Shellist Lozarz Slobin LLP filed a collective action lawsuit against Bilfinger, Inc. (“Bilfinger”). Bilfinger, a leading industrial services provider, has allegedly failed to properly compensate its workers for overtime pay. This lawsuit seeks to recover overtime compensation for all similarly situated co-workers – nonexempt construction workers and laborers (collectively “Non-Exempt Laborers”) – who work or have worked for Bilfinger, Inc., Bilfinger Salamis, Inc., and Bilfinger Westcon, Inc. throughout the United States under the Fair Labor Standards Act (“FLSA”).
Bilfinger pays its Non-Exempt Laborers partly on an hourly basis, and then also pays them additional “per diem” or “subsistence” wages. Despite being non-exempt employees, Bilfinger has failed to properly pay Non- Exempt Laborers overtime compensation at 1.5 times their regular rate of pay. Specifically, Bilfinger 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. Although Bilfinger paid its Non-Exempt Laborers overtime compensation for their hours of work at one and one-half times their hourly rate of pay, they failed to include all remuneration, i.e., so-called “per diem” pay, as required by the FLSA in calculating worker’s regular rate of pay. As a result, Bilfinger has significantly underpaid Non-Exempt Laborers for overtime hours worked. These claims are brought on behalf of similarly situated Non- Exempt Laborers who elect to opt in to this action pursuant to the FLSA.
Affected workers may include all similarly situated persons who work or have worked as Non-Exempt Laborers for Bilfinger who received per diem or subsistence pay that is not included in their regular rate of pay for overtime purposes throughout the United States and who elect to opt-in to this action. If you’ve worked for Bilfinger, Inc. and have questions regarding your eligibility for this lawsuit, do not hesitate to call our firm at (212)300-0375. Additionally, if you’ve worked in the industry and have concerns about your pay structure, call us for a free and confidential consultation or visit our website for additional information.
You can also view the filed complaint here.