Antone Bessy, et al. (“Plaintiffs”) brought suit against Per Mar in the United States District Court for the Western District of Wisconsin (Case No. 17CV34). The lawsuit alleges that Per Mar violated the FLSA in the manner that it computed overtime pay. The lawsuit alleges that Per Mar was required by federal law to compute overtime pay using the average straight wage rate employees made during the workweek, rather than the rate for the type of work employees performed during work hours, which may or may not have resulted in an underpayment of overtime compensation depending on the rate of pay that employees received at the time employees worked the overtime. The lawsuit also alleges that Per Mar had a uniform policy of having supervisors complete time cards when employees worked on special events, which often resulted in Per Mar undercounting the number of hours that employees worked during each week.
The Plaintiffs and the Defendant disagree on whether the Defendant’s methods for computing overtime pay violated the FLSA and/or whether Per Mar undercounted the number of hours that employees worked during each week. This is a determination that must still be made by the Court.
On March 30, 2018, the District Court conditionally certified the following two FLSA collection actions: (1) a class of all Per Mar employees pursing a claim based on defendant’s method for calculating the rate of pay during overtime hours; and (2) a class of Wisconsin employees only pursuing a claim based on Per Mar’s alleged under-reporting of hours worked.
In order to recover damages under the FLSA, you need to fill out a form indicating consent to “opt-in” to the lawsuit. To participate in any recovery that may result from this lawsuit, class members must read, sign, and return the Consent Form before June 24, 2018. Download a copy of the consent form here.
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