A proposed class action citing alleged violations of Fair Labor Standards Act (FLSA) overtime rules has been filed in Kentucky against J&B Mechanical, LLC. The plaintiff claims J&B Mechanical—a corporation specializing in servicing the feed, grain and general industries— failed to pay him and other current/former field foremen time-and-a-half overtime wages for hours worked over 40 in a workweek.
The lawsuit notes the plaintiff was hired by the defendant in 2009 to supervise other employees and perform millwright work. Over the last year, the complaint says, the plaintiff was paid $19 per hour for “in town” work and $21 per hour for out-of-town and overnight jobs, in addition to some per-mile compensation for travel time. The plaintiff argues the majority of his work hours were spent on out-of-town work, for which he claims he worked between 50 and 60 hours per week with seven to 10 hours of travel time. The issue at the heart of the case is the defendant allegedly did not take into account the work hours the plaintiff and similarly situated employees spent traveling when calculating the individuals’ overtime wage rates.