Larger companies should be especially aware of labor laws and make sure that they are properly compensating all of their employees. It may seem like a heavier burden when they have a lot of employees, but in the event that one of those employees should decide to file a class action lawsuit for violations of labor laws, the company could end up paying a much heavier price in court.
Recently, Burroughs & Chapin Co., a real estate developer, and National Golf Management LLC, which owns and manages almost one-third of the Grand Strand’s golf courses, are facing a class action lawsuit alleging failure to pay minimum wage and overtime.
Alan Dutil, the named plaintiff in the lawsuit, worked as a bag drop attendant for one of the companies’ golf courses beginning in May 2011 and alleges that he was paid only $5.80 per hour. The federal minimum wage is currently set at $7.25 per hour, making Dutil’s very low rate of pay illegal in the United States of America. Dutil also alleges that he regularly worked 50 hours per week, sometimes more, but was never paid for those extra hours. According to the federal Fair Labor Standards Act, employers are required to pay all of their hourly workers one and one-half times their normal rate of pay for each hour that they work in excess of forty hours per week.
In his complaint, Dutil alleges he would have been fired if he had refused to work overtime without pay, or if he had demanded to be paid minimum wage. In today’s economy, many employees are forced to take whatever work they can get, no matter how low the wages are, and employers are taking advantage of that fact.
Bag attendants usually transfer customers’ golf bags to carts and help keep the cart staging area near the clubhouse organized. Most bag attendants receive tips from golf players in addition to their hourly wages. Labor law does allow tipped employees to be paid less than minimum wage, but only if the gratuity they receive and their wages combined add up to at least minimum wage. If they do not, then the employer is required to make up the difference in the employee’s wages. Even for tipped employees though, the proper overtime compensation should always be paid whenever the employee works more than forty hours in a week or more than eight hours in a day.
The overtime class action lawsuit is seeking compensation for all of the defendants’ employees in Horry and Georgetown counties and in Brunswick County, N.C. who were not paid minimum wage or overtime. It is still uncertain how many employees might be eligible to join the class.
So far, neither Burroughs & Chapin nor National Golf Management have responded to Dutil’s complaint and no court hearings have been scheduled yet.
National Golf Management was formed in 2012 when Burroughs & Chapin Golf Management and Myrtle Beach National Co. merged. The joint venture owns 15 golf courses and manages eight more. In addition to its courses, National Golf Management also books about 60 percent of all tee times along the Grand Strand.
The Chicago class action lawyers at the Chicago Overtime Law Center are investigating unpaid overtime claims by waiters and bus boys and other restaurant and hotel workers against national restaurant and hotel chains including Hyatt, Marriott, Hilton, Holiday Inn, Weston, Chipotle, Red Lobster, Olive Garden, Outback Steak House, Taco Bell, Burger King, and Wendy’s for misclassifying employees as managers or assistant managers, forcing employees to work off the clock at business, failing to share all tips, erasing or altering time sheets or time records, pressuring workers not to report or record overtime, and otherwise failing to pay workers for overtime and other wages. If you are the victim these wage theft practices call us at (312) 869-4095 or contact us online.
The Chicago class action attorneys at the Chicago Overtime Law Center have three decades of experience fighting to help employees who are victims of wage, overtime and tip theft by their employers. We have a team of Chicago unpaid overtime lawyers who concentrate on prosecuting state and nationwide class action lawsuits. Our attorneys work out of Chicago and Oak Brook offices and pursue claims for workers all over the Chicago area including Harvey and Crystal Lake. We protect unpaid workers who haven’t received overtime throughout the Chicago area including in DuPage, Lake, McHenry, Kane and Cook Counties.
Our Naperville and Rockford overtime lawyers are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages.
The Chicago Overtime Law Center is based in Chicago, and represents clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at (312) 869-4095 or through our online form.