Technicians Represented by Nichols Kaster, PLLP Sue to Expose Scheme Designed to Avoid Paying Overtime

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Complaint seeks to expose a scheme that Vitel and JNET designed in order to avoid paying overtime compensation to their technicians.

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Federal law requires employers to pay their piece rate technicians overtime in addition to what they are being paid in piece rates.

On May 2, 2011, Plaintiffs Josny Cirene and Dubenson Julien filed a putative collective action lawsuit in the District of New Jersey against Vitel Communications LLC and its parent, JNET Communications LLC. Cirene and Dubenson worked as technicians installing and maintaining cable and broadband services. Their Complaint seeks to expose a scheme that Vitel and JNET designed in order to avoid paying overtime compensation to their technicians. Specifically, the Complaint alleges that Plaintiffs and others similarly situated were paid only what they earned in piece rates and nothing more, despite the fact that overtime appeared on their paychecks. According to the Complaint, the appearance of overtime was not in fact overtime pay but rather a ploy to conceal Defendants’ intentional non-compliance with federal law.

Rachhana T. Srey, an attorney at Nichols Kaster, PLLP stated, "Federal law requires employers to pay their piece rate technicians overtime in addition to what they are being paid in piece rates. Employers devise schemes such as the one in this case to dupe their employees into believing that they are paid overtime compensation when they are in fact not. It is not enough to give the appearance of paying overtime; overtime must actually be paid.”

The case is titled Cirene et al. v. Vitel Communications LLC et al., Case No. 3:11−CV−02509 (D.N.J.). The employees are represented by Rachhana T. Srey and Matt Morgan of Nichols Kaster, PLLP in Minneapolis, Minnesota. They are also represented by Patricia Barasch of the Schall & Barasch, LLC in Moorestown, New Jersey. Additional information about the case can be found at http://www.overtimecases.com or by contacting Nichols Kaster, PLLP toll free at (877) 448-0492.

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Rachhana T. Srey