Skyetec Hit with Employee’s Wage and Hour Lawsuit Seeking Allegedly Unpaid OT
by Erin Shaak
Last Updated on May 8, 2018
Pate v. SMS Systems, Inc.
Filed: February 15, 2018 ◆§ 6:18-cv-00237
A former employee of SMS Systems, Inc. claims in a proposed class action that he was not paid proper overtime wages while working for the defendant as a field inspector.
A former employee of SMS Systems, Inc. claims in a proposed class action that he was not paid proper overtime wages while working for the defendant as a field inspector. According to the suit, the company, which does business as Skyetec, misclassified its employees as exempt under the Fair Labor Standards Act and denied them overtime pay despite their jobs, which consisted of “manual field work,” not requiring them to supervise employees or exercise independent judgment.
The plaintiff claims that in September 2016, after he complained to the Human Resources Department concerning the defendant’s pay practices, he was informed that “they were working on setting up overtime payment for the following year.” In January 2017, employees were allegedly told that they would be paid hourly “in an amount that would be the same each week for all hours up to fifty hours.” The plaintiff says he and others still weren't paid time-and-a-half wages for the hours they worked above 40 each week. Even if employees did receive overtime, the suit argues, they spent a significant number of hours traveling from their last jobsite each day and unloading their trucks that were not recorded and "went completely uncompensated."
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