Jumpstart Consultants Facing Unpaid Overtime Lawsuit

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A former Jumpstart Consultants employee has filed a proposed collective action against the house and roof wrap manufacturer to recover allegedly unpaid overtime wages.

Filed in Virginia, the lawsuit claims the plaintiff worked as a non-exempt assistant operator, lead operator, and ultimately shift supervisor for the defendant between 2007 and December 2015. According to the complaint, the plaintiff was paid time-and-a-half wages for some but not all of his overtime hours. 

The case claims the plaintiff and those similarly situated were required by the defendant to work 12-hour shifts on a two-week rotating schedule. The plaintiff claims he would end up working 60 hours in one week and then put in 24 hours the following week while occasionally putting in additional hours on top of this schedule. According to the lawsuit, the defendant only paid overtime in the event an employee worked more than 84 hours over the course of a two-week period. Hours that fell outside this period, the case goes on, were excluded from overtime pay calculations, meaning, for instance, hours worked on a Monday would be “disregarded for overtime purposes” if a pay period began on the following Tuesday. 

Further, the number of weekdays in a particular pay period would, at times, lead Jumpstart to create its own “sliding scale” for tallying overtime pay, the lawsuit continues. From the complaint:   

“Further complicating the matter, Jumpstart would also, at times, set illegal and improper trigger points for overtime compensation, i.e., it created its own sliding scale for overtime entitlement depending on the number of weekdays in a pay period, with each day representing 8 hours. For example, if a pay period had 10 work days, 80 hours might be the trigger point. If the period contained 11 days, the trigger would be 88 hours, and so on.”