Philadelphia, PA: An unpaid overtime class action and collective action lawsuit has been filed on behalf of all Supervisors (Landscaping Supervisors, Work Order Supervisors, Crew Supervisors, Irrigation Supervisors, etc.) employed by The Brickman Group, Ltd., LLC. The lawsuit, captioned Amador v. The Brickman Group, Ltd., LLC, No. 3:13-cv-02529 (M.D. Pa.), was filed in the United States District Court for the Middle District of Pennsylvania. The case is brought on behalf of all current and former Supervisors employed by The Brickman Group anywhere in the United States who were only paid half-time overtime according to the "fluctuating work week" method of compensation, whereby they receive only half-time overtime pay for hours worked over 40 in a workweek, from October 8, 2010 through the present.
The case alleges that The Brickman Group violated the federal Fair Labor Standards Act and Pennsylvania state wage laws by paying overtime at only half-time, rather than at a rate of time and one-half the required regular rate. "The Brickman Group appears to be engaging in violations of the federal and state overtime laws, and should be held accountable for failing to properly compensate its Supervisors for hours worked over 40 in a workweek," said Shanon Carson of Berger & Montague, P.C., one of the attorneys representing the plaintiff. Another attorney for the plaintiff, C. Andrew Head of Fried & Bonder LLC, stated, "It is important that this conduct be addressed by the courts, so that a determination can be made that Brickman Group's policy of paying only half-time overtime to all of its Supervisors across the United States violates the law."
The case is being prosecuted by Berger & Montague, P.C., based in Philadelphia, Pennsylvania and Fried & Bonder, LLC, based in Atlanta, Georgia.