Kestrel Engineering / Kestrel Energy Case Summary
A class and collective action complaint was filed against Kestrel Engineering and Kestrel Energy (as joint employers) by a former Inspector who worked in several states (Pennsylvania, Ohio and Texas) and was paid according to a day-rate pay scheme. The case seeks to recover unpaid overtime
wages on behalf of all current and former Inspectors employed by Kestrel who: 1) were paid a set daily rate for each day worked (a day-rate) 2) worked over 40 hours per workweek 3) did not receive overtime pay for hours over 40 per week and 4) were employed within the U.S. in the past 3 years.
The collective action is brought under the federal law governing overtime pay, the Fair Labor Standards Act (FLSA)
, which covers employees in every U.S. state. The class action claims are brought under the state overtime pay laws in Ohio – the Ohio Minimum Fair Wage Standards Act and the Ohio Prompt Pay Act and under the state overtime pay laws in Pennsylvania – the Pennsylvania Minimum Wage Act. These two claims cover all Inspectors who performed work for Kestrel in Ohio and/or Pennsylvania.
Although the use of a day-rate pay scheme is permitted by law, it does not relieve an employer from the obligation to pay overtime wages to “non-exempt” employees. For more information and a video on how the overtime pay laws apply to day-rate workers and how overtime pay should be calculated for such workers, visit our Overtime Pay Laws for Day Rate Workers page