Penske Used Time-Adjustment Forms to Avoid Paying Workers Overtime Wages, Lawsuit Alleges

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Penske Truck Leasing Co., LP and Penske Truck Leasing Corporation face a proposed collective action that claims they failed to pay employees proper overtime wages.

According to the 13-page lawsuit, Penske had workers put in more than 40 hours per week yet required them to sign time-adjustment forms indicating that their hours over 40 were mistakenly reported. Thus, employees were not paid time-and-a-half overtime wages for all weekly hours worked in excess of 40 as required under federal and Arkansas law, the suit alleges.

The plaintiff says he worked for the defendants’ truck rental business between June 2017 and November 2021. Whenever he worked more than 40 hours in a week, the plaintiff was required to sign a paper time-adjustment form that stated that the hours he recorded over 40 were mistakenly reported in Penske’s system, regardless of whether they actually were, according to the complaint.

Per the suit, Penske regularly required the plaintiff to put in more than 40 hours per week or assigned him so much work that he could not complete it within 40 hours. The case alleges Penske workers would receive a disciplinary write-up should they refuse to sign the time-adjustment form.

The lawsuit looks to represent all hourly employees who, within the last three years, were paid for any workweek in which their pay was calculated from a time-adjustment form and the payment was for 39 or more hours of work.

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