Fmr. Heavy Equipment Operator Sues Gerrard Excavating Over Allegedly Unpaid Pre-Shift Work

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Gerrard Excavating, Inc. is the defendant in a proposed collective and class action filed by a former heavy equipment operator who claims the contracting company required employees to perform pre-shift work without compensation.

The plaintiff claims he and other operators were expected to check and warm up machines before clocking in so the equipment was ready to use when their shifts began. According to the lawsuit, workers were not paid any wages for this pre-shift work, which the plaintiff claims should have been compensated at their time-and-a-half overtime rate as the additional time caused their hours to exceed 40 each week. The plaintiff says he attempted to record his pre-shift work in the defendant’s timekeeping system but was instructed by his supervisors to report a 7:00 start time – when his shift was scheduled to begin – rather than the time he actually started working.