Lebanon Farms Case Summary

This lawsuit was filed on behalf of drivers and loaders employed by a Pennsylvania trash hauling company in an effort to recover unpaid regular and overtime wages. The claims are brought under both federal wage law [the Fair Labor Standards Act] and Pennsylvania state wage law [the Pennsylvania Minimum Wage Act]. The workers allege that the company did not pay them for all of the hours they actually worked, including by prohibiting them from even recording certain hours spent gassing and cleaning trucks at the end of a shift. These “off the clock” hours should have been paid and included in calculating overtime pay. The employees also dispute the validity of the half-time method (applicable to day rate employees) used by the company when calculating the overtime wages that were in fact paid. By improperly using this method, the company is alleged to have underpaid the overtime wages actually owed.

 

For more information about overtime pay issues for employees paid using a day-rate, see Calculating Overtime For Day Rate Employees

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