Cajun Constructors, LLC and Cajun Industries LLC
Sosa-Morris Neuman recently filed a collective action lawsuit against Cajun Constructors, LLC and its parent company Cajun Industries LLC for misclassifying our client and a class of other concrete laborers as ineligible for overtime under the Fair Labor Standards Act (“FLSA”). You can read the lawsuit here. Under the FLSA, employers do not have to pay overtime to employees acting as genuine executives. The hallmarks of being an executive include directing the work of multiple employees and having the ability to make hiring or firing decisions. In this case, the plaintiff’s nominal job title was “assistant supervisor” although he did no actual supervising, much less the degree of supervising that would elevate him to the status of an exempt executive. Instead, his duties were focused solely on performing the work of the defendants, such as pour concrete and perform manual labor tasks typical of a construction worker. Other similar concrete laborers for the defendants may be eligible to join this lawsuit.
An employer cannot just pay its employees a salary to escape the obligation to pay overtime. If you think your employer has misclassified you as ineligible for overtime, please contact us and we’d be happy to discuss your options.
Stanley Black & Decker, Inc. and CRC-Evans Pipeline International, Inc.
In this case, Sosa-Morris Neuman represents a former credit analyst for Stanley Black & Decker, Inc. and one of its subsidiaries, CRC-Evans Pipeline International, Inc. The lawsuit, which you can view here, provides that the Defendants misclassified their credit analysts as exempt despite those workers performing essentially clerical work. Under the Fair Labor Standards Act, the federal statute that governs the payment of overtime to most workers in the country, to be classified as ineligible to receive overtime requires satisfaction of a detailed list of elements. In this case, the plaintiff alleges that she was misclassified because her duties did not require the exercise of independent judgment and discretion because her work as a credit analyst was governed by procedures her employer implemented and strictly controlled.
If you worked as a credit analyst for Stanley Black & Decker, Inc. or any of its subsidiaries and think you are owed unpaid overtime, please contact our office and we can discuss your options.