On August 28, 2008, a group of current employees sued ADT Security Services, Inc. for failing to pay time and one-half for overtime hours worked, as required by the federal Fair Labor and Standards Act. The employees include those with positions as service and maintenance technicians as well as commercial and residential installers also known as installation technicians.
The class action was filed in Eastern District of Texas, which is the federal district in which most if not all of the named employees reside. The employees allege that ADT failed to pay them time and one-half for those overtime hours spent traveling to and from commerical locations and residences or those hours spent at the office prior to their first job of the day or subsequent to their last job of the day.
It is possible that ADT misclassified such employees as exempt from the FLSA standards for maximum hours, however, the employees claim that they were not exempt under the FLSA guidelines and deserved to be paid time and one-half for both their travel time to job locations and for all other work hours over 40. Simply because an employer misclassifies employees as exempt, accidental or otherwise, does not prevent those employees from recovering lost wages and other damages from their employers, and in fact, similar lawsuits have been filed around the country alleging overtime violations against employers in a variety of fields.
If you work for ADT or any company and believe that you have been misclassified an an employee exempt from receiving overtime wages, then please contact our firm at www.pbmattorneys.com so that we can help protect your rights. Pogust Braslow and Millrood LLC is actively involved in such lawsuits, and we would be happy to provide you with a free consultation for this or any of your legal needs.