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Landscaping Co.'s Supervisors Win Cert. in FLSA Action

Posted: February 14, 2014
By: Kelly Knaub
Source: Law360
Practice Areas: Employment Law

A Pennsylvania federal judge on Friday granted conditional certification of a collective action filed by a group of supervisors accusing a landscaping company of failing to pay sufficient overtime wages in violation of the Fair Labor Standards Act.

The plaintiffs allege that supervisors for The Brickman Group Ltd. LLC were paid for their overtime hours at half of their hourly rate - instead of time-and-a-half of their required regular rate - based on the fluctuating workweek method, which is calculated by dividing an employee's weekly salary by all hours worked.

The half-time rate of overtime pay violates Pennsylvania state wage laws in addition to the FLSA, the employees say.

U.S. District Judge Malachy E. Mannion issued the order on Friday, certifying all current and former Brickman Group salaried employees who received half-time overtime pay based on the fluctuating workweek method between Oct. 8, 2010, and the present. The group includes, but is not limited to, salaried landscape, crew and irrigation supervisors.

View the full article here.