On August 24, 2018 Fitapelli & Schaffer, LLP, alongside with Bruckner Burch PLLC, filed a collective/class action lawsuit against EnSite USA, Inc. (“EnSite”). Ensite is a full-service project and construction management company providing engineering, design, survey, GIS, procurement, inspection and land services to companies in the pipeline transmission and distribution industry. This lawsuit seeks to represent non-exempt day rate employees who assist in EnSite’s operations and aims to recover unpaid overtime.
Even though EnSite requires its non-exempt day rate employees to work well over forty hours per workweek, they do not pay them the overtime premiums for their hours worked over the forty per week. Instead, EnSite pays their non-exempt day rate employees at a set daily rate, regardless of how many hours they worked. This violates the Fair Labor Standards Act (FLSA), Kentucky Wage and Hour Laws (“KWHL”) and the Ohio Minimum Fair Wage Act (“OWA”). The Plaintiff in this matter brings this action on behalf of himself and similarly situated current and former non-exempt day rate employees nationwide who elect to opt-in to this action pursuant to the FLSA to remedy violations of the wage-and-hour provisions of the FLSA by EnSite that have deprived these day rate employees of their lawfully earned wages.
If you or anyone you know has worked for EnSite USA, Inc., and would like any additional information, please do not hesitate to call us. Additionally, if you’ve worked as a day rate worker in a similar industry and have concerns about your pay structure, feel free to reach us at (212) 300-0375 for a free phone consultation or visit our website for more information.
You can also view the complaint here.