Collective Action Picks at SuperSource Awarding ‘Comp Time’ in Lieu of OT Pay

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Atlanta SuperSource, Inc. and its vice president of service are the defendants in a proposed collective action filed by two plaintiffs who claim they’re owed unpaid regular and overtime wages.

The complaint states the plaintiffs worked as service technicians responsible for maintenance and repair of dishwashers and laundry equipment for the defendants’ commercial clients. Prior to April 16, 2017, the lawsuit says, SuperSource, on a rolling basis, required the plaintiffs to work one week on-call and one week as a "backup" followed by one week off as “compensatory time.” The men claim they worked more than 40 hours during almost every week of their employment with SuperSource without being paid time-and-a-half hourly overtime wages.

“During weeks [the plaintiffs] and similarly situated employees were on-call, they regularly worked sixty-five (65) to eighty (80) hours per week,” the case says. “During weeks [the plaintiffs] worked as backup, they regularly worked fifty (50) hours per week.”

At the center of the suit is SuperSource’s alleged policy of awarding members of the proposed collective “comp time” rather than time-and-a-half overtime pay. The complaint points out that the use of compensatory time is limited to state and government employees and is not an option for private employers.

The case goes on to claim that even though SuperSource changed its policy in April 2017 and began paying overtime for any hours worked past 45 per week, the Fair Labor Standards Act (FLSA) required all hours worked beyond 40 in a week to be compensated at a time-and-a-half rate.  After the Department of Labor stepped in around March 2018, the lawsuit says, the defendants finally began remitting proper OT pay.