On Tuesday, June 9, 2020, Fitapelli & Schaffer, LLP filed a class action complaint against Gorman Group, LLC, a road engineering company, for unpaid wages under the Fair Labor Standards Act and the New York Labor Law. The complaint alleges that affected employees went unpaid for overtime hours worked and they are seeking to recover overtime compensation, agreed upon wages, and other damages for similarly situated foremen, chippers, operators, and all similarly situated hourly workers (collectively “Hourly Workers”) who work or have worked for The Gorman Group located at 200 Church Street, Albany, New York 12202.
Hourly Workers for Gorman Group claimed that travel time necessary to complete their work went unaccounted for when calculating their pay and overtime hours. They allege they had to travel from their residences to a “shop” or meet up location to perform work preparing their machine and vehicles for the day which included loading and organizing equipment and materials onto vehicles. The crew would then travel via company vehicle to their assigned job site, which is generally a 1.5 to 2-hour drive from their shop location. Upon finishing their work at their assigned job site, Hourly Workers would head back to their shop location to reequip and organize vehicles in preparation for the next day. Despite these scheduled hours, Gorman Group failed count this time towards hours worked. Specifically, the complaint alleges that these non-exempt hourly employees went unpaid for overtime at 1.5 times their regular rate of pay when they work over 40 hours per workweek when the company failed to add together all compensable time, including time worked traveling between jobsites.
Affected employees may include all persons who work or have worked as Hourly Workers for The Gorman Group in New York between June 9, 2014 and the date of final judgment in this matter. If you would like to inquire if you may be eligible to join this matter, do not hesitate to call our firm, Fitapelli & Schaffer, LLP. Additionally, if you’ve held a job in the construction industry and have experienced similar issues with unpaid travel time, you may have a claim for 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.