Richmond overtime lawsuit

Posts Tagged With ‘Richmond overtime lawsuit’

We trust our employers to have our best interests at heart, but when the budget is cut, even the most trustworthy manager can be pressured into altering time sheets. That’s what some Richmond mail carriers say happened to their hours at the post office.

47 Richmond mail carriers have filed a complaint against the U.S. Postal Service for violating the Fair Labor Standards Act. These current and former employees say they were not paid for the overtime hours they worked, and records of their time was not kept accurately.

This complaint is similar to another filed last month. Both complaints cited budget cuts and stressed out supervisors as part of the reasoning behind the unpaid overtime. “On information and belief, supervisors are instructed and/or encouraged by management not to exceed certain labor cost thresholds and incentivized with bonuses for keeping overtime premium payments low,” the complaint read.

Workers say half hour lunch breaks were automatically deducted from their hours even if no lunch break was taken. They also say they are overworked – many times, employees can’t finish their route before their shift is officially over.

For many American workers, this kind of treatment sounds all too familiar. The postal service is just one of many employers who allegedly fail to compensate their workers fairly. For employees who are overworked, lunch breaks are often impossible – and staying late is almost a guarantee. Still, they face an uphill battle from employers who are hesitant to compensate these people for their work.

These two complaints may be just the beginning for the Richmond area postal service. With more and more folks coming forward, there’s hope that the supervisors there will alter their strategies. In the meantime, we encourage anyone with concerns about being paid fairly to reach out to our team.

Unpaid Wage & Overtime Lawyers

If you believe that your employer has violated the law or failed to properly pay you your wages, our unpaid wage & overtime attorneys are here to help. Contact us to setup a free consultation to discuss your situation 877-544-5323.

In a recent lawsuit filed on behalf of over 600 current and retired Richmond, Virginia police officers, the city of Richmond is facing a $7 million payout for lost overtime pay. The deal is facing approval by City Council later in the month.

If the deal is approved, the funds will be taken from a $97.7 million non-departmental “rainy day” unassigned general fund balance from this year’s budget. In Rogers v. city of Richmond, the suit is asking for retired and current officers to be paid overtime funds. The suit claims that officers should have been paid time-and-a-half if they worked more than 80 hours in a 14-day pay period.

The federal Fair Labor Standards Act (FSLA) requires that employers pay time-and-a-half starting at 86 hours. The officers are claiming they should have been paid overtime for the gap time between 80-86 hours worked in the 14-day pay period.

A Virginia law passed in 2005 stated that workers should be paid overtime when they work more than 80 hours in a 14-day pay period. Richmond has argued that the federal law preempted the state law.

Richmond’s liability in the case could become as high as $38 million. Tammy D. Hawley, press secretary for Mayor Dwight C. Jones, stated “the city administration had resources in a contingency fund to cover such potential exposure.”

Virginia Labor & Employment Facts

  • Overtime- Most hourly employees are entitled to overtime pay when hours worked surpasses 40 hours within a 7 consecutive works days according to the Fair Labor Standards Act (FLSA).
  • Minimum Wage- In Virginia, the minimum hourly rate is identical to the federal rate. Currently the hourly minimum rate is $7.25 per hour.
  • Tips – The FLSA states that an employer can pay an employee under the minimum wage only when that wage plus tips earned is, at the least, equal to the minimum wage for each hour worked. If it is not, the employer must make up the difference.
  • Breaks- In Virginia, if you are given a break and do any work during this break, you are entitled to be paid for that work. However, Virginia does not require employers to give employees breaks unless the employee is under the age of 16.

 

Not Being Fairly Compensated?

If you find yourself in one of these positions or believe that your employer has violated the law or failed to properly pay you your wages, our Virginia Employment Attorneys are here to help.

Contact our Virginia Employment Law Lawyers
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