Lawsuit Claims National Processing Alliance Manipulates OT Wages

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A proposed class action lawsuit has been filed against National Processing Alliance, Inc. that claims the company unlawfully failed to pay its employees proper overtime wages, as required under the Fair Labor Standards Act (FLSA). The plaintiff says he worked more than 40 hours during the last week of his employment with National Processing Alliance. He alleges that instead of receiving one-and-a-half times his regular rate of pay for the hours he worked above 40, his employer lowered his wages to Florida’s minimum wage rate and calculated his overtime pay using the reduced rate. According to the complaint:

“The FLSA…provides that overtime rates cannot be avoided by manipulating the pay for regular hours or otherwise reducing the pay for regular hours to make up for the 150% overtime rate that will have to be paid.”

The suit seeks to cover anyone employed by the defendant during the last three years whose pay was reduced to minimum wage during his or her last week of employment and who did not receive proper overtime wages for hours worked above 40.