Our firm’s experienced overtime lawyers filed a Collective and Class Action Lawsuit against Austin Powder Company for failing to compensate its employees at the proper overtime rate and for not paying such employees for all work time.
On October 27, 2021, our overtime attorneys sued Austin Powder Company (“APC”) on behalf of hourly production or manufacturing employees for the alleged failure of APC to compensate its employees for all overtime wages in violation of the Fair Labor Standard Act (“FLSA”).
The Complaint alleges that APC failed to pay all overtime wages earned for several reasons. First, the Complaint alleges that APC uses an unlawful rounding system whereby it rounds employees’ time worked in a manner than results in the underpayment of wages. If rounding is in an employer’s favor more than it is in an employee’s favor, it may result in the underpayment of overtime wages. APC ensures that employees are not paid for all time with a policy or practice of not permitting employees to clock in more than 7 minutes before the scheduled start of their shift, effectively ensuring that employees are not paid for any of their pre-shift work. In addition, the lawsuit alleges that APC fails to pay employees for unpaid meal breaks where their meal breaks are missed or interrupted because of work. An employer must pay for all hours worked. In order to deduct a meal break, it must be a bona fide meal period where employees are completely relieved of job duties. Third, APC pays employees non-discretionary bonuses, such as safety or production bonuses. However, APC does not include such bonuses in its calculation of employees’ regular rates of pay for the purposes of overtime. By not including the bonuses in the regular rate of pay calculations, APC is not paying overtime at the correct rate of pay and is instead paying overtime at one and one-half times employees’ hourly rate of pay.
Unpaid overtime damages incurred by unlawful rounding, improper meal break deductions, and failing to pay overtime at the correct rate of pay add up over time, and non-exempt hourly employees are entitled to receive full and proper compensation under the FLSA for their labor. The FLSA sets the minimum requirements of the law. If employers fail to meet the minimum requirements for payment of overtime wages, they are susceptible to collective and class action lawsuits. The lawsuit seeks unpaid overtime wages since October 27, 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 Carr v. Austin Powder Company, Case No. 2:21-cv-5140.
Additional information about the collective and class action for unpaid overtime wages against Austin Powder Company may be learned by contacting our overtime lawyers by calling 1-614-949-1181 or emailing mcoffman@mcoffmanlegal.com or agedling@mcoffmanlegal.com. If you have any questions about whether you are being paid all wages that you have earned where your employer rounds your time punches (pays in full tenth or quarter of the hours increments), deducts a meal break even when it does not provide a fully uninterrupted break, or pays 1.5 times your hourly pay rate even when you earn additional compensation such as bonuses, then contact our office to speak with experienced overtime attorneys. We provide free and confidential consultations.
