Bohrer Brady has filed a collective action lawsuit on behalf of a construction manager against Milestone Project Services, LLC alleging the company failed to pay him and other hourly workers overtime in violation of the Fair Labor Standards Act (“FLSA”). The lawsuit, Loyd Rhodus, individually and on behalf of others similarly situated vs. Milestone Project Service, LLC is pending in the United States District Court for the Eastern District of Louisiana. Milestone Project Services, LLC, which is based in Mandeville, Louisiana, provides a variety of industrial services offshore in the Gulf of Mexico and on land in several states, including project planning, execution management, 3D laser scanning, construction management, and inspection services to the oil, gas, and chemical industry. Two other construction managers have joined the lawsuit. The construction managers were paid $75 per hour and received straight time for all hours worked. Hours over 40 in a workweek were also paid at their straight-time rate. The lawsuit alleges that because the workers were paid an hourly rate, they were not exempt from the overtime requirements of the FLSA, which requires most hourly workers to be paid overtime at time and one-half the worker’s regular hourly rate. The construction managers’ high hourly rate of $75 per hour does not relieve the company from paying overtime, even though they may have performed managerial duties. The lawsuit further alleges that Milestone’s company payroll policy applied to all other hourly workers who worked for Milestone within the last three years, each of whom would have an unpaid overtime claim. The lawsuit also seeks “liquidated damages” which are an additional amount equal to the workers’ unpaid overtime, and attorneys’ fees and costs.
If you would like additional information about this case, or about overtime eligibility, call the overtime lawyers at Bohrer Brady, LLC, (800) 876-3911, email info@bohrerbrady.com, or visit www.bohrerbrady.com.
