American Moving and Storage is facing a class action lawsuit. The suit accuses the defendant of failing to provide its employee with the overtime pay. The plaintiff who filed the lawsuit is Charmayne B. The unpaid overtime wages lawsuit states the plaintiff used to work for the company from January 2013 to December 2016. During this period of time, she was a non-exempt employee. Thus, the plaintiff received $13 per hour.
Here is the difference between an exempt employee and non-exempt employee. An exempt employee is exempt from certain legal protections. For example, the requirements concerning minimum wage, as well as overtime pay. A non-exempt employee receives the money taking into account the time he/she works. Employers must act according to the laws which state exactly how long employees can work and how much money they must receive, in case of working overtime.
According to the unpaid overtime wages lawsuit, the plaintiff’s supervisor is Patrick B. He is the person who has the responsibility of setting employment conditions. Charmayne asserts her employer made her work overtime. That’s to say, she had to work more than 40 hours per week. However, the complaint notes that the plaintiff received no pay for overtime work.
Additionally, the suit mentions one of the requirements of Federal law is that a non-exempt employee must receive a rate of one and a half times his/her regular rate when working more than 40 hours on a weekly basis.
Details concerning the unpaid overtime wages lawsuit
It was in December 2016, when the plaintiff’s two male colleagues had a physical confrontation. At that time Charmayne was also there. The unpaid overtime wages lawsuit says she made efforts to stop the confrontation between her coworkers. Unfortunately, one of the colleagues involved in the fight started to hit her in the face. The plaintiff notes that this person is Ralph M.
Actually, the police came at the scene to find out what occurred. Charmayne claims that the owner of the company warned her that she may lose her job position if she pressed charges. So, she didn’t take this step but was placed on suspension. The plaintiff adds that her male coworkers engaged in fight preserved their job positions.
The unpaid overtime wages lawsuit notes the defendant violated the Fair Labor Standards Act (FLSA).
Furthermore, the plaintiff files the lawsuit on claims of gender discrimination as well. She mentioned in her complaint the names of additional defendants. She referred to the owner and the male colleague who hit her.
The plaintiffs pointed out that the company and its owner considered her less favorably than her male colleagues. In addition to that, she notes American Moving and Storage disciplined her for certain alleged acts. However, it failed to discipline male employees for the same acts. As a consequence, she lost her job, while her male coworkers kept their job positions.
Moreover, the plaintiff brings forth a claim of battery against her male coworker who hit her in the face intentionally. She refers to it as ‘’unlawful and offensive touching.’’