Love’s Travel Stops & Country Stores, Inc. has been named in a proposed collective and class action that claims assistant managers have been paid at a lower overtime rate than federal law requires.
The 11-page lawsuit out of Oklahoma alleges Love’s, which operates 500 travel stops in 41 states, has failed to include all required compensation in workers’ regular pay rates when calculating their time-and-a-half overtime pay, and therefore underpaid the employees for hours worked in excess of 40 each week.
The plaintiff says he worked as an hourly paid assistant manager at Love’s North Baltimore, Ohio location and regularly put in more than 40 hours per week. According to the case, Love’s pays its assistant managers a non-discretionary quarterly bonus based on performance.
The case alleges, however, that this bonus was not included as part of workers’ regular pay rates for the purpose of calculating overtime, meaning the employees were not properly paid at one-and-a-half times their regular rate of pay for every hour worked in excess of 40 each week.
According to the suit, Love’s decision to exclude bonuses when calculating assistant managers’ overtime pay was “knowing and willful.”
The lawsuit looks to represent all current or former hourly assistant managers employed by Love’s at any of its U.S. locations who received a quarterly bonus and worked more than 40 hours in any workweek within the past three years, as well as those who did so in Ohio within the past two years.
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