Custom Comfort Medtek Accused of Underpaying OT Wages
by Erin Shaak
Last Updated on May 8, 2018
Walewski v. Custom Comfort Medtek, LLC et al.
Filed: August 14, 2017 ◆§ 6:17-cv-01483-PGB-GJK
Custom Comfort Medtek, LLC and an individual owner are facing allegations that they failed to pay their employees proper overtime wages.
Custom Comfort Medtek, LLC and an individual owner are facing allegations that they failed to pay their employees proper overtime wages. The plaintiff, who worked for the medical furniture manufacturer as a cabinet maker, says he worked a repeating schedule that alternated between 35- and 45-hour workweeks. The suit notes the plaintiff was paid overtime wages when he worked more than 80 hours over a two-week period but argues that he is entitled to overtime pay for each hour he worked above 40 per week, his alternating schedule notwithstanding. To this point, the case claims the plaintiff is owed unpaid overtime for the weeks in which he worked 45 hours, whereas the defendant allegedly (and potentially unlawfully) calculated the plaintiff's overtime rate based on the total hours worked over a two-week span, not per week.
The complaint further claims the plaintiff was required to work additional hours from home in May 2017 but that those hours were not taken into account in the defendants’ overtime calculations.
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