Former Employee Claims Justus’ ‘Confusing Algorithm of Pay Practices’ Excludes OT Wages

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A proposed collective action has been filed against SR Justus, Inc. by a former employee who claims the company intentionally avoided paying him and other delivery drivers overtime wages. According to the suit, FedEx contracted with the defendant to provide parcel delivery services in Kentucky, and the plaintiff allegedly worked for Justus delivering packages between June 2017 and February 2018.

The complaint describes the defendant’s “compensation scheme” as “a confusing algorithm of varying pay practices,” noting that the plaintiff’s paystubs reflected an hourly pay rate when he was told he would be paid a day rate. Furthermore, employees were also paid a seemingly arbitrary commission, the calculation of which was never explained to them, the case claims. The complexity of employees’ wage calculations, the suit argues, “suggests an effort by Justus to conceal the true method by which wages are calculated generally and the complete absence of overtime wages from employee remuneration specifically.”

In fact, the plaintiff claims his paystubs made no mention of premium overtime pay when he worked more than 40 hours in a week. The complaint suggests that whether he was paid hourly or per day, he should have received time-and-a-half wages for his overtime hours.