A proposed class and collective action claims defendant Jerome’s Furniture Warehouse failed to pay its workers proper overtime wages. The plaintiff, who was employed by the defendant from 2005 through June 2016, claims he and other employees routinely worked upward of 40 hours per week without time-and-a-half overtime pay. Instead, the defendants paid workers bonuses based on productivity, as well as other incentive pay that cannot be excluded by employers when calculating an employee’s regular hourly pay rate, the suit says. The lawsuit claims the defendant did not include bonuses and incentive pay when calculating proposed class/collective members’ regular rates of pay, and consequently failed to pay the individuals proper overtime wages.
Piggybacking the allegations of wage and hour issues are claims that the defendant also failed to provide workers with mandatory meal breaks. According to the plaintiff, employees were not provided a first meal period (to come before the end of the fifth hour of work) or second meal period for shifts lasting longer than 10 hours.