Companies often assume that just because they pay a technician by piece rate or job rate, he is somehow excluded from the overtime laws’ protections.
Raleigh, NC (PRWEB) February 10, 2012
On February 9, 2012, Plaintiff Darryl Long filed a lawsuit in federal court against CPI Security Systems, Inc. on behalf of himself and other similarly situated employees. Long worked as a service and installation technician at different periods of his employment with CPI. As a technician, his job was to repair and install home security systems monitored by CPI Security Systems. Long was paid a flat rate for each service call he responded to and for each basic installation he did, and was not paid for the overtime hours he worked. The Complaint, filed in the United States District Court for the Eastern District of North Carolina, alleges that Long and other similarly situated service technicians and installation technicians were unlawfully denied overtime pay in violation of the federal Fair Labor Standards Act. The Fair Labor Standards Act requires all covered employers to pay its non-exempt employees, like Long and the other technicians, overtime compensation for hours worked over 40 in a work week. According to the Complaint, CPI Security Systems, Inc. designs, installs, monitors, and services security systems for residential and commercial customers in several states including North Carolina, South Carolina, and Georgia.
Plaintiffs’ attorney Rachhana Srey stated, “companies often assume that just because they pay a technician by piece rate or job rate, he is somehow excluded from the overtime laws’ protections. CPI knows that these technicians worked hard and worked long hours, and that they should have been paid overtime. There’s just no excuse.”
Plaintiffs are represented by Paul J. Lukas and Rachhana T. Srey from Nichols Kaster, PLLP in Minneapolis, Minnesota, and Seth Cohen from Smith, James, Rowlett & Cohen, LLLP in Greensboro, North Carolina.
The case was filed in the Eastern District of North Carolina and is entitled Long et al. v. CPI Security Systems, Inc. Court File No. 5:12-cv-00051-BR. Additional information may be found at http://www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.