Overtime Wage and Hour Lawsuit Alleges FLSA Violations

An overtime wage and hour lawsuit has been filed against Technical Education Services Inc., doing business as Aviation Institute of Maintenance, by a plaintiff who alleges the company committed violations of the Fair Labor Standards Act.

Plaintiff Mike N. filed his overtime wage and hour lawsuit in Georgia federal court against his former employer. Mike states that he was a welding instructor with the institution from March 2015 through January 2016.

In his course of employment, Mike states that he instructed welding students, changed air filters in the welding shop and in other areas, repaired welding booths, built storage areas for welding supplies, took scrap metal to be picked up for scrap and performed cleaning in the maintenance shop on a weekly basis, earning $18.50 per hour for his job.

“Throughout his employment, Defendant routinely required or permitted Plaintiff to work overtime, i.e., in excess of 40 hours per week,” the overtime lawsuit states. “Defendant regularly required Plaintiff to work 82 or 88 hours per week,” the overtime wage and hour lawsuit claims.

The lawsuit also states that if Mike was required to miss work due to sickness or other reasons, his pay was withheld from his earnings, and he did not work less than 40 hours a week without having his pay reduced.

The overtime wage and hour lawsuit goes on to state that Mike was not employed “in an executive, administrative, or professional capacity” and was therefore not subject to any exemptions to overtime under FLSA statutes. He states that his employer failed to pay him for any overtime worked.

Mike has brought forth a single allegation against Technical Education Services by way of a claim for unpaid overtime stemming from an FLSA violation. Mike states that the FLSA was violated when his employer failed and refused to pay him overtime as a non-exempt employee.

In addition to refusing to pay him overtime, Mike alleged that the violation of FLSA was “willful” in nature. He states that he is entitled to receive any overtime compensation “and an additional, equal amount as liquidated damages, for all uncompensated, overtime hours worked by [him] at any time during the three-year period immediately preceding the filing of this lawsuit…”

The plaintiff is seeking judgment against his former employer for overtime wages, liquidated damages, prejudgment interest, court costs, attorneys’ fees and any additional further relief deemed just and equitable by the Court. He is seeking a trial by jury.

The Overtime Wage and Hour Lawsuit is Case No. 1:17-cv-02067-WSD, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

Filing an Overtime Wage and Hour Lawsuit

If you believe your employer has not fairly compensated you for any overtime worked beyond 40 hours in a week, you may be entitled to seek legal recourse to obtain pay of overtime wages, receive additional damages and have your legal fees paid by your employer or former employer.

An experienced attorney familiar with wage and hour violations can review your unique case during a free case consultation and can inform you of your legal options as you consider filing a wage and hour lawsuit of your own.

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If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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