Fitapelli & Schaffer, LLP filed a class action complaint for unpaid wages under the Fair Labor Standards Act and the New York Labor Law against Gorman Group, LLC, a road engineering company. The complaint alleges that affected employees went unpaid for overtime hours worked, and seeks to recover overtime compensation, agreed-upon wages, and other damages for similarly situated foremen, chippers, operators, and other hourly workers (collectively “Hourly Workers”) who work or have worked for The Gorman Group, located at 200 Church Street, Albany, New York.
Hourly Workers for Gorman Group claim that necessary travel time went unaccounted for when calculating their pay and overtime hours. They allege unaccounted travel including trips from their residences to a “shop” location to prepare machines and vehicles for the day, then travel via company vehicle to their assigned job site, generally a 1.5- to 2-hour drive from the shop, before heading back to the shop afterward to reequip and organize vehicles. Despite these scheduled hours, Gorman Group allegedly failed to count this travel and preparation time toward hours worked, resulting in unpaid overtime at 1.5 times the regular rate whenever employees worked over 40 hours a week.
Time spent traveling between a required meet-up point and a job site, especially when it involves preparing equipment beforehand, can count as compensable work time under the FLSA and NYLL. The lawsuit alleges Gorman Group didn't include this travel and prep time when calculating hours worked, which understated the overtime employees were owed.
Who might be covered by this case?
Current and former Hourly Workers, including foremen, chippers, and operators, who worked for The Gorman Group in New York between June 9, 2014, and the date of final judgment in this matter.
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 may include workers automatically. The fastest way to find out where you stand is to contact Fitapelli & Schaffer directly.
What can I recover if this applies to me?
Depending on your circumstances, you may be entitled to recover unpaid wages, overtime, liquidated damages, and other damages tied to the specific violations alleged in this case.
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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