Labor violations such as improper overtime pay are not confined to small restaurants, manual labor agencies, and low-paid workers. AECOM is described in the complaint for this class action as a “multi-billion dollar engineering firm that provides design, consulting, construction, and management services” to clients across the country. However, the complaint says that AECOM did not properly pay its workers for overtime hours.
The FLSA Class for this collective action is all hourly employees of AECOM who were, at any point since November 30, 2018, paid straight time wages for overtime hours. The Washington Class is all hourly employees of AECOM who worked in Washington and who were, at any point since November 30, 2018, paid straight time wages for overtime hours.
Plaintiff Jerry Singletary is a maintenance superintendant with AECOM who works for hourly wages—a hefty $60.57 per hour. When Singletary worked less than forty hours per week, he was paid only for the hours he worked. However, he claims he regularly worked more than forty hours per week, and for those weeks, AECOM paid all the hours he worked at straight time, the same $60.57 per hour.
However, the Fair Labor Standards Act (FLSA) requires that non-exempt employees who work more than forty hours per week be paid at time-and-a-half for the hours over forty. AECOM does not do this, the complaint says.
Singletary was also not paid for meal breaks or rest breaks, the complaint says.
In addition to violating the FLSA, the complaint claims that the company also violated Washington state labor laws, including the Revised Code of Washington (RCW), the state’s Minimum Wage Act (WMWA), and other rules and regulations of the Washington Director of Labor and Industries.
The RCW provides that employers who violate the state’s minimum wage laws are liable for double the amount of wages withheld. The law includes a presumption of willfulness.
Washington’s wage laws also require that employees who are not exempt from overtime pay requirements must be paid proper overtime compensation. The complaint claims that Singletary was not paid on a salary basis, as shown by his lower pay for weeks when he did not work a full forty hours, and that he therefore was not exempt from overtime requirements.
The Washington laws also require that employees be given rests of at least ten minutes, on the employer’s time, for each four hours of working time.
The complaint claims that AECOM has accurate records of actual hours worked, for Singletary and its other similarly-situated employees.