Landscapers Sue Former Employers for Retaliation and Unpaid Wages
Conway Legal today filed suit in federal district court in Philadelphia on behalf of two landscapers who claim that they were required to work more than 40 hours a week without being paid premium overtime compensation by their former employers, Lewis J. Brandolini, III and Brandolini Companies. The Plaintiffs allege that the Defendants embarked on a scheme to unfairly deny them overtime in violation of the Fair Labor Standards Act (“FLSA”) and Pennsylvania law. In addition, when one of the landscapers complained about not receiving overtime, he was retaliated against by Defendants and his employment was ultimately terminated. To add insult to injury, he also alleges that despite having worked for several hours on the day he was fired he was not paid any wages by Defendants.
As non-exempt employees entitled to overtime, the Plaintiffs performed a number of general maintenance and landscaping duties, such as mowing the lawns, tending to garden beds, shoveling snow, and cutting firewood. Neither were paid overtime compensation at the prevailing rate, even though they allege the Defendants – as their joint employer – knew they worked more than 40 hours a week and were entitled to overtime. The Plaintiffs seek the recovery of unpaid overtime, as well as additional damages in light of the alleged willfulness of the Defendants’ behavior, and the individual whose employment was terminated seeks additional compensation on the basis that he was retaliated against in violation of the FLSA. The FLSA prohibits an employer from taking any adverse action against an employee for complaining about, among other things, not being paid overtime. It also mandates that non-exempt employees, such as landscapers, receive premium overtime compensation for working more than 40 hours in a workweek.
If you believe you have been retaliated against by your employer or otherwise have not received all overtime compensation or minimum wages, call us at Conway Legal. While we don’t know how to landscape your yard, we fight for those who do.