A proposed class and collective action filed against Lindsey Management, Co., Inc. and one individual with control of the company accuses the defendants of failing to pay employees overtime wages pursuant to federal and state law.
According to the lawsuit, the plaintiff was employed at one of the defendants’ apartment complexes, where he regularly worked in excess of 40 hours per week performing maintenance and repairs on the building. The plaintiff allegedly lived on the premises and, along with other hourly employees, was given a rent discount as part of his wages.
The suit alleges that although the plaintiff received premium overtime pay, the defendants didn’t include his rent discount as part of his “regular rate of pay” in their calculation of his time-and-a-half overtime rate. The case argues that the plaintiff’s rent discount "must be totaled in with other earnings to determine the regular rate on which overtime pay must be based."
The lawsuit seeks to recover allegedly unpaid overtime wages owed to the plaintiff and members of the proposed collective.