Equity Residential Services II, LLC and Equity Residential Services, LLC are facing a proposed class action alleging the companies miscalculated employees' overtime wages and underpaid them as a result.
Equity Residential Services II, LLC and Equity Residential Services, LLC are facing a proposed class action alleging the companies committed violations of wage and hour law. The plaintiff in the case says that before his June 2017 medical leave, he worked for the defendants as a non-exempt Service Manager responsible for handling maintenance duties at one of the defendants’ apartment complexes. According to the case, he and other employees received an annual bonus “as well as other non-discretionary monetary awards,” yet this additional pay was supposedly not factored into the workers’ “regular rate of pay” in the defendants’ overtime wage calculations. The lawsuit argues that employees should have received one and one-half times their regular pay rate for all hours worked over 40 each week.
Moreover, the complaint claims the defendants failed to provide employees with accurate, itemized wage statements in violation of state law. The plaintiff says his paystubs didn’t include his employer’s full name, “the number of hours over which [incentive pay] was earned” and, when he did receive overtime, the rates at which it was paid.
The lawsuit was initially filed in California state court and has recently been removed to federal court.