CWI, Inc. is the defendant in a proposed collective action alleging violations of the Fair Labor Standards Act (FLSA). The suit claims the defendant deprived the plaintiff of proper overtime pay by requiring him to perform “off-the-clock” work and miscalculating his overtime rate.
The plaintiff worked at the company, which sells and repairs recreational vehicles and campers, for at least 55 hours each week from July 2016 to July 2018 for an hourly rate of $12.00 plus commissions, the lawsuit says. The case argues that while the plaintiff was paid overtime, his time-and-a-half rate was inaccurate and caused him to be underpaid for his overtime hours. Under the FLSA, overtime rates are calculated by multiplying an employee’s “regular rate of pay” by one-and-a-half, the complaint says. The plaintiff alleges that his commissions were not included as part of his regular rate of pay, making his time-and-a-half overtime rate less than what it should have been. The case further alleges that the plaintiff and similarly situated employees were unlawfully required to perform unpaid “off-the-clock” work before clocking in and after clocking out.
The suit seeks to recover allegedly unpaid wages and other damages pursuant to the FLSA.