Lawsuit Claims Quality Integrated Services Owes Inspectors Unpaid Overtime
Last Updated on May 8, 2018
Mcelveen et al v. Quality Integrated Services Inc
Filed: April 27, 2018 ◆§ 5:18cv414
The plaintiff alleges that while he was on the books as an employee, Quality Integrated Services paid him at a flat day rate without time-and-a-half overtime wages.
Quality Integrated Services, Inc. is the defendant in a proposed collective action in which the plaintiff claims the company owes unpaid overtime wages stemming from its misclassification of construction inspectors as exempt from time-and-a-half pay under the Fair Labor Standards Act (FLSA). The plaintiff, who worked for the defendant from January 2012 through December 2017, argues that although he was on the books as an employee, he was effectively misclassified since he was paid at a day rate without receiving time-and-a-half overtime for every hour worked past 40. According to the complaint, the plaintiff and similarly situated inspectors commonly worked in excess of 12 hours per day for a flat rate that did not vary based on the number of hours worked.
“No exemption in the FLSA shelters [the defendant] from paying overtime to its inspectors,” the lawsuit asserts, noting that the defendant has reportedly been sued over similar unpaid wage allegations in the past.
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