Air Conditioning Experts Facing Unpaid Overtime Lawsuit in Georgia

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Air Conditioning Experts, Inc. and two individuals who control the business are the defendants in a proposed class action claiming the company failed to pay employees proper wages. Citing possible Fair Labor Standards Act (FLSA) abuses, the lawsuit states the plaintiff, a repair technician currently employed by the defendants in Georgia, and similarly situated employees have their work hours tracked through the company’s cellular communication system, which they must log in and out of at the beginning and end of each workday. Through the system, the complaint says, the defendants also track time spent at each job, lunch breaks, and travel time between worksites. 

The plaintiff claims the defendants unlawfully failed to include commissions when calculating technicians’ overtime pay rates, thereby failing to pay the workers proper time-and-a-half hourly wages for hours worked over 40 each week. Moreover, the man alleges technicians had to report lunch breaks in the defendants’ cell communication system yet rarely took lunch due to their workloads, instead eating while they drove from job to job. Despite this, the defendant allegedly automatically deducted 30 minutes per workday from proposed class members’ pay for lunch breaks.