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Rivas Contracting Services Labor Laws Class Action Lawsuit Overview:
- Who: Rivas Contracting Services, LLC is facing a class action lawsuit from employees.
- What: Lead Plaintiff Shawn Serrano claims the company fails to pay workers for overtime hours worked.
- Where: The lawsuit was filed in Georgia.
Georgia-based company Rivas Contracting Services violated labor laws by depriving workers of overtime pay, a new class action lawsuit alleges.
The class action was filed in Georgia on Sept. 1 by lead plaintiff Shawn Serrano, who alleges the company violated the Fair Labor Standards Law by refusing to pay him and other workers time and a half for hours worked in excess of forty each week.
Serrano, who started working at the company in April 2020, said in the suit that he was solely paid day rates for the work he did installing handrails with no overtime premiums.
He alleges that the company and its owners Stephen Rivas and Jorge Rivas Jr., were at all times in control of the hiring, scheduling, and payment of workers, and that they owe him the overtime pay for the hours he worked.
“Defendants knowingly, willfully, or with reckless disregard carried out its illegal pattern or practice of failing to pay proper overtime compensation with respect to plaintiff and the Class Members,” the claim reads.
According to the lawsuit, Serrano was an essential worker for the business, which had a gross revenue of around $500,000 a year.
Serrano wants to represent all other installers and technicians who worked for the company in the class action. He is suing for violations of Fair Labor Standards Act and seeks certification of the Class, damages, interest, legal fees and costs, and a jury trial.
Companies are often hit with legal action over alleged violations of the Fair Labor Standards Act. Earlier this year, pipeline inspectors reached a $3.9 settlement agreement with Kinder Morgan Partners LP over claims the company failed to pay the oil and gas workers for overtime.
Have you ever been denied overtime pay for hours you’ve worked? Let us know your experience in the comments section!
Serrano is represented by Andrew R. Frisch of Morgan & Morgan, P.A.
The Rivas OT Pay Class Action Lawsuit is Serrano v. Rivas Contracting Services, LLC, et al., Case No. 3:21-cv-00146-TCB in the U.S. District Court Northern District Of Georgia Newnan Division.
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