Fitapelli & Schaffer, LLP, alongside 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 40 hours per workweek, it does not pay them overtime premiums for hours worked over 40. Instead, EnSite pays these employees a set daily rate regardless of hours worked, which the lawsuit alleges violates the FLSA, Kentucky Wage and Hour Laws, and the Ohio Minimum Fair Wage Act.
Why is paying a flat day rate a problem under wage and hour law?
A day rate that doesn't account for overtime can violate the FLSA and similar state laws if the employee is non-exempt and regularly works more than 40 hours a week. Employers generally can't sidestep overtime obligations just by structuring pay as a daily rate instead of an hourly wage.
Who might be covered by this case?
Current and former non-exempt day rate employees who worked for EnSite USA, particularly in connection with pipeline transmission and distribution projects, including in Kentucky and Ohio.
Do I need to do anything to join this lawsuit?
It depends on how the case is structured. An FLSA collective action generally requires affected workers to opt in, while a class action under the NYLL may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if I worked at one of these businesses?
Depending on your circumstances, you may be entitled to recover unpaid minimum wages, overtime wages, uniform maintenance pay, uniform reimbursement, and damages tied to inaccurate wage notices or statements.
Where can I view the complaint that was filed?
The filed complaint is publicly available as a PDF, linked directly from this page.
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