Non-exempt, hourly employee challenges Thor Industries and Airstream’s Alleged Failure to Pay All Overtime Wages Due when employees receive bonuses
FLSA Overtime Attorneys filed Collective and Class Action Lawsuit against Thor Industries and Airstream for the alleged failure to fully compensate employees who work overtime.
On March 1, 2018, the law firms of Coffman Legal, LLC and Bryant Legal, LLC filed a First Amended Collective and Class Action Complaint against Defendants Thor Industries and Airstream (collectively Thor Industries and Airstream will be referred to as “Thor”) on behalf of an hourly production employee of Thor and other similarly situated employees regardless of location for the alleged failure to fully and properly compensate its employees for all overtime wages in violation of the Fair Labor Standard Act (“FLSA”).
In particular, the amended complaint complaint alleges that Thor compensates its employees an hourly wage for each hour worked. In addition to their hourly wages, the amended complaint alleges that Thor pays employees additional nondiscretionary bonuses, such as weekly attendance bonuses. When calculating its employees overtime rate, the amended complaint alleges Thor pays employees one and one-half times their hourly rate of pay, not one and one-half times their regular rate of pay as required by the FLSA. The amended complaint alleges Thor improperly excludes the nondiscretionary bonuses from the employees’ regular rate of pay calculations. By way of example, let’s assume a Thor employee was paid $10 per hour and worked 50 hours per week, but also received a $100 attendance bonus. Here is how the employee would be paid based on the hourly rate of pay compared to their regular rate of pay:
- How an employer paying an employee at one and one-half times the employee’s
hourly rate of pay
would compensate the employee: $10 per hour x 1.5 = $15 per hour for overtime hours worked. This would mean the employee would receive $650 before taxes or withholdings for this week – ($400 for first 40 hours, $150 for 10 overtime hours, and $100 attendance bonus)
- How an employer properly paying an employee at one and one-half times the employee’s regular rate of pay would compensate the employee: the employee made $600 in compensation for hours worked (total straight time compensation – $500 for 50 hours and $100 for the attendance bonus). The total compensation of $600 divided by 50 hours means that the employee’s regular rate of pay was actually $12 per hour. Then, $12 per hour for 40 hours is $480 and $18 per overtime hour for 10 overtime hours is $180. So, the employee should have been paid $660 for the week.
The example above shows how an employer can underpay employees in violation of the FLSA where they pay one and one-half times the employees’ hourly rate of pay and improperly exclude nondiscretionary bonuses from the employees’ regular rate calculations. The unpaid overtime damages add up over time. Non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA. The FLSA sets forth the minimum compensation employees must be paid. The lawsuit seeks unpaid overtime wages since March 1, 2015, liquidated damages in an amount equal to the unpaid overtime, attorney’s fees, costs, among other things.
The lawsuit was filed in the U.S. District Court for the Southern District of Ohio, Western Division (Dayton) and is titled Funk v. Airstream, Inc., et al, Case No. 3:17-cv-260.
Additional information about the collective and class action against Thor Industries and Airstream may be found by contacting our office by calling 1-614-949-1181 or emailing email@example.com. If you have any questions about whether you are being properly paid for all of the compensable hours you work at the proper rate of pay, then contact our office today to speak with our Overtime Attorneys regarding any wage and hour issues.