Du-Well Furniture Services Sued Over Unpaid Overtime, Retaliation

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Du-Well Furniture Services, Inc., which does business as Du-Well Furniture Finishers, is among several joint-employer defendants named in a proposed collective action that alleges the parties committed several abuses of the federal Fair Labor Standards Act (FLSA). The 33-page complaint lists the below as defendants:

The plaintiff, who was employed by the defendants as a finisher from January 2006 until early February 2017, claims he worked roughly 66 per week without being paid at the mandatory time-and-a-half hourly overtime rate for all hours worked past 40. The complaint notes the plaintiff was allegedly never required to record his work time, nor given wage statements when he was hired.

When the plaintiff met with the individual defendants to discuss the alleged non-payment of overtime, he presented them with personal estimated logs of overtime wages he believed were owed to him. Defendant James Nix allegedly acknowledged the overtime, yet still did not pay the plaintiff the unpaid wages, the lawsuit claims. Instead, the defendants allegedly initiated a series of “retaliatory action” against the man, which the complaint alleges caused him to suffer monetary damages.