Safelite Sued for Violation of Fair Labor Standards
February 4, 2013
by Casey Neeley, firstname.lastname@example.org
In a class-action complaint filed Wednesday in the United States
District Court for the Northern District of Texas, Dallas Division,
plaintiff David Trent alleges that while he worked for Safelite
Fulfillment Inc. the company violated the Fair Labor Standards Act
In the complaint, Trent alleges that Safelite failed to pay him
in accordance with the FLSA specifically times when Trent worked
through his lunch break but was not compensated for the additional
30 minutes of work.
According to court documents, "despite defendant's actual or constructive
knowledge that plaintiff was working during his lunch periods, plaintiff
was not paid for such lunch periods, and as a result, defendant
failed to pay plaintiff at time and one half his regular rate of
pay for hours worked in a workweek in excess of 40."
Counsel for Trent further contends in the complaint, "Although
employees regularly perform work for defendant during their lunch
period and are frequently not provided at least a 30-minute uninterrupted
lunch break, defendant nevertheless deducts one half hour per workday
for a lunch break regardless of whether or not an employee actually
gets that lunch break. The improper practice/policy results in employees,
such as plaintiff and putative class members, not being paid overtime
compensation for all hours worked over 40 in a workweek."
Trent worked as an auto glass repair technician specialist at one
of Safelite's Dallas/Fort Worth-area locations from June 9, 2004
to October 12, 2012. Counsel for Trent alleges that during this
time he and any forthcoming class members were subjected to policies
which had them "work 'off-the-clock' whereby plaintiff and the putative
class members were not compensated in compliance with the FLSA for
all hours worked over 40 in a workweek."
According to the U.S. Department of Labor's Wage and Hour division
FLSA fact sheet, "An employer who requires or permits an employee
to work overtime is generally required to pay the employee premium
pay for such overtime work. Unless specifically exempted, employees
covered by the Act must receive overtime pay for hours worked in
excess of 40 in a workweek at a rate not less than time and one-half
their regular rates of pay."
Within the complaint, all qualifying potential class members are,
"All auto glass repair or installation technicians who worked for
defendant within the last three years who were classified as non-exempt
employees, who, as a result of working through their lunch periods,
worked in excess of 40 hours in one or more workweeks and were not
compensated at one and one-half times their regular rate of pay
for all hours worked in excess of 40 hours in one or more workweeks."
Melina Metzger, spokesperson for Safelite, had not responded to
request for comment at press time.
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