On May 2, 2025, Fitapelli & Schaffer filed a class and collective action lawsuit against Luck Grove Construction Inc. and Luck Grove Telecom Inc. (“Luck Grove”) for unpaid wages.

Luck Grove, “a telecommunications and utilities engineering and construction company aimed at connecting businesses and communities with fast, reliable, and efficient communications services,” has allegedly failed to pay its Non-Exempt Laborers agreed upon wages, proper overtime wages, and other damages. The lawsuit covers the Plaintiff and similarly situated Non-Exempt Laborer positions such as tower technicians, survey technicians, construction laborers, pole loading analysis technicians, fiber splicers, and install technicians bus drivers who have worked for Luck Grove.

Luck Grove pays its Non-Exempt Laborers partly on an hourly basis, and then also pays them additional wages on the same or additional paycheck. These additional wages are subject to applicable payroll taxes. Despite being non-exempt employees, the company failed to properly pay Non-Exempt Laborers overtime compensation at 1.5 times their regular rate of pay. Specifically, all the compensation paid to Non-Exempt Employees was not factored in when calculating the regular rate of pay for purposes of calculating and paying overtime. In addition, Luck Grove paid Plaintiff at his straight time hourly rate for some overtime hours worked. As a result, Non-Exempt Laborers were significantly underpaid when working overtime hours. Moreover, Luck Grove made unlawful deductions from Plaintiff’s wages for out-of-pocket fuel costs and for reports related to workers smoking at the employer-provided housing. Lastly, Luck Grove also failed to pay Plaintiff all the hours worked due to shaving time off his recoded hours worked. This lawsuit is brought on behalf of all similarly situated Non- Exempt Laborers seeking agreed upon wages, unpaid overtime wages, unlawful deductions, and other damages under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”).

If you work for or have worked for Luck Grove as a non-exempt laborer and received additional compensation such as a per diem, you may be owed wages. Call our firm, Fitapelli & Schaffer, LLP at (212) 300-0375 for more information regarding this case and to see if you may be eligible to opt into this matter.

You can also view the filed complaint here.