A Puerto Rico resident has filed a proposed collective/class action against government contractor Louis Berger Group and subcontractors Kennett Consulting and Kallberg Industries over the companies’ alleged failure to pay properly calculated time-and-a-half overtime to mechanics.
According to the complaint, the plaintiff worked in Puerto Rico as a diesel mechanic for the defendants from January through September 2018 in the wake of Hurricanes Irma and Maria. The man, who throughout his tenure was allegedly misclassified as an independent contractor, claims he initially received a day rate without overtime compensation before being switched over to an hourly pay rate. However, the plaintiff says that after being switched to an hourly rate, his overtime compensation was not properly calculated based on all of his earned wages.
The suit alleges the defendants, in calculating hourly workers’ overtime rates, failed to include “fringe” payments in their regular rates of pay.