Our overtime lawyers filed a Collective and Class Action Lawsuit against Advanced Drainage Systems, Inc (“ADS”) for failing to compensate its hourly production and yard employees for all overtime wages earned related to interrupted or missed meal breaks and improper time rounding.
The Complaint alleges that ADS violates the FLSA and Ohio law in two ways. First, the Complaint alleges that ADS requires meal break deductions even when its employees are unable to take 30-minute uninterrupted meal breaks. Second, the Complaint alleges that ADS pays employees based on their scheduled shifts rather than based on all time spent working (including work performed prior to the scheduled start or after the scheduled end of their shifts).
The FLSA requires an employer to pay employees for their work. Principal activities or those which are an “integral and indispensable part of the activities” are compensable. Further, if an employer requires its employees to take an unpaid meal break, then it is the employer’s responsibility to ensure 1) the employee is completely relieved from their job duties so they can solely eat a meal, and 2) the meal break is of a certain length, generally 30 minutes or more, unless there are special conditions.
The Complaint alleges that the pre-shift and post-shift work that was performed was compensable work for which they were not paid. In addition, the Complaint alleges these warehouse employees did not receive a bona fide meal break because they were not completely relieved from their job duties.
The unpaid time often results in unpaid overtime which adds up over time. The FLSA sets forth the minimum compensation employees must be paid, and non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA.
The lawsuit seeks unpaid overtime wages since October 15, 2018, 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 Loschiavo, et al v. Advanced Drainage Systems, Inc.; Case No. 2:21-cv-5069.
Additional information about the collective and class action for unpaid overtime wages against ADS may be found by contacting our office by calling 1-614-949-1181 or emailing mcoffman@mcoffmanlegal.com. If you have any questions about whether you are being properly paid for all of the compensable hours you work, then contact our office today to speak with our experienced overtime lawyers regarding any wage and hour issues.
