Four Tow Truck Drivers File FLSA Claim for Unpaid Wages

Two truck driving companies are facing a conjoined FLSA claim for unpaid wages, filed by four truck drivers alleging they were denied overtime wages despite working over 40 hours a week.

The truck drivers opted to file the FLSA claim for unpaid wages together after discovering the similar nature of wage violation claims. This wage and hour lawsuit alleges the tow trucking company and company executives knowingly violated the Fair Labor Standards Act (FLSA) by denying the claimants overtime wages.

Criger Service Inc. and Triton Towing are named defendants in the wage and hour lawsuit. The plaintiffs claim the defendants denied all of them overtime payment rates despite regularly working over 40 hours a week.

The FLSA claim for unpaid wages alleges the companies wrongfully denied them their full wages in an attempt to cut down on labor costs

Overview of FLSA Claim for Unpaid Wages

Plaintiffs John S., Darrel H., Ronald S., and Jonathan D. are jointly filing this FLSA claim for unpaid wages, with each of them working for the defendants as tow truck drivers at some point over the past two years. Of the four plaintiffs, John is the only one still working for the defendants.

Even though these men were fully employed and correctly classified as non exempt from minimum wage employees, they claim they were regularly denied overtime. According to the FLSA claim for unpaid wages, the plaintiffs typically worked over 50 hours a week in a single week, and the companies were aware they were not compensated overtime wages.

The wage and hour lawsuit further alleges the companies’ unlawful payment polices harmed the truck drivers by not paying them full wages for services provided. According to the FLSA claim for unpaid wages, the truck drivers would be paid each week with two checks from two different companies.

A driver might receive a check from one company for 40 hours of work, and any additional hours would be covered by a second check from the other company. Neither check would include correct overtime wages, the plaintiffs claim.

The plaintiffs claim these companies were actually one and the same, and that the companies’ officers used this dual paycheck system to avoid paying overtime wages. Even though the paychecks were from two different companies, the truck drivers worked in the same jobsite under the same supervisors for all hours worked.

The total number of hours worked regularly exceeded 40 hours, which would have made them eligible for the overtime rate of one and a half times their regular hourly wage.

During all times relevant, company executives allegedly exercised total control over the truck drivers’ work environment and payment distribution. The company officials knowingly denied the tow truck drivers full wages, even though they regularly worked 50 hours a week.

John and the other plaintiffs are filing this FLSA claim for unpaid wages, seeking compensation for all hours worked and any missing overtime rates.

This FLSA Claim for Unpaid Wages is Case No. 2:17-cv-08896-SDW-LDW, in the U.S. District Court for the District of New Jersey.

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