Coffman Legal’s Ohio FLSA Overtime Attorneys filed a Collective and Class Action Lawsuit against C&W Facility Services, Inc., an arm of Cushman & Wakefield, for failing to compensate its hourly, non-exempt maintenance employees for interrupted meal breaks.
On July 31, 2020, the law firm of Coffman Legal, LLC filed a Collective and Class Action Complaint against Defendant C&W Facility Services, Inc. (“C&W” or “Cushman & Wakefield”) on behalf of hourly, non-exempt maintenance employees for the alleged failure of C&W to compensate its maintenance employees for overtime wages earned for all overtime work performed in violation of the Fair Labor Standard Act (“FLSA”).
C&W (aka Cushman & Wakefield) provides facility maintenance, cleaning, and related services for businesses and organizations throughout the United States.
The Complaint alleges that C&W (frequently known as Cushman & Wakefield) has a companywide policy of automatically deducting (or otherwise requiring employees to clock out for) 30 minutes of time from its maintenance hourly employees’ daily hours worked for meal breaks that were not taken at all or that were only partially taken. These maintenance employees allege that they were either unable to take their meal break or it was otherwise interrupted because C&W required maintenance employees to prioritize repairing machinery and equipment over taking their full meal breaks. It is alleged that the inability to take any meal break occurred more frequently during the busy season. Additionally, the Complaint alleges that Cushman & Wakefield did not have a process and/or a procedure for its employees to report missed meal breaks so that C&W could override the automatic meal deduction.
The FLSA requires an employer to pay employees for their work. Further, if an employer requires its employees to take an unpaid meal break, then it is the employer’s responsibility to ensure the employee is completely relieved from their job duties so they can solely eat a meal.
The Complaint alleges these hourly maintenance employees did not receive a bona fide meal break because they were not completely relieved from their job duties.
This lawsuit provides an example of how an employer can underpay its employees in violation of the FLSA by not fully paying them all overtime wages earned for all overtime work that they perform. This unpaid time often results in unpaid overtime which adds up over the course of an employee’s employment. The FLSA sets forth the minimum compensation employees must be paid, and hourly, non-exempt employees are entitled to receive full and proper compensation under the FLSA, including overtime.
The lawsuit seeks unpaid overtime wages since July 31, 2017, liquidated damages in an amount equal to the unpaid overtime, attorney’s fees, and costs, among other things.
The lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Eastern Division (Columbus) and is titled Knecht v. C&W Facility Services, Inc., Case No. 2:20-cv-3899.
Additional information about the collective and class action against C&W may be found by contacting our office by calling 614-949-1181 or emailing firstname.lastname@example.org. If you have any questions about whether you are being properly paid all overtime wages earned for all of the compensable hours you work (including overtime), then contact our office today to speak with our Overtime Attorneys regarding any wage and hour issues.