Homeland Vinyl Products, Inc. is the defendant in a proposed class and collective action claiming it failed to compensate employees in accordance with the Fair Labor Standards Act (FLSA). The plaintiff alleges that employees work 12-hours shifts and alternate between three-day and four-day workweeks, which amounts to 36 or 48 hours per week. The defendant allegedly averages employees’ hours every two weeks and pays them for 42 hours weekly. The plaintiff argues that “this bi-weekly averaging policy deprives [him and proposed class and collective members] of four hours of overtime every two weeks.”
The suit further alleges that employees earn a 50-cent shift differential when their shifts are scheduled during non-business hours, but that this increase in pay is not taken into account when overtime hours are calculated. In addition, employees are required to pay for their own “tools of the trade” and often work outside of their scheduled shifts without being compensated for any off-the-clock work, according to the complaint. The suit argues that as a result of this and the aforementioned policies, the defendant has failed to compensate employees in accordance with the FLSA.