The federal district court in Michigan has approved "conditional certification" in an overtime and unpaid wage case, and has established an April 10, 2015 deadline for potential claimants to join the case and seek unpaid wages under the Fair Labor Standards Act (FLSA).
Although no ruling has been made on the merits of the claims, the lawsuit filed on November 4, 2013 against A-Plus Painting, L.L.C. ("A-Plus Painting") alleges that the company used workers treated as "independent contractors" to provide residential and commercial building services to entities ranging from multi-billion dollar corporations to individual homeowners throughout the country. The lawsuit alleges A-Plus's workers, who should have been treated as employees covered by the overtime and minimum wage provisions of the Fair Labor Standards Act, provided services on behalf of A-Plus, including interior and exterior painting, drywall hanging, finishing and repairs, plaster repairs, staining, caulking, scraping, glazing, spraybrush and roll finishing, powerwashing and insulation. The Plaintiffs in the case were never paid overtime pay, never paid for travel time, and were sometimes not paid even minimum wage.
Plaintiffs filed the collective action on behalf of themselves and all other similarly situated persons who performed painting and related services for Defendants. Under the notice procedures established a claimant must "opt-in" to the suit in order to be eligible for any potential recovery under the FLSA. The notice and opt-in forms are available here in English and Spanish.
The Plaintiffs are represented by Nacht Law Firm in partnership with non-profit co-counsel the Sugar Law Center for Economic Justice. The case, filed in the Eastern District of Michigan, is captioned "Ramirez et al v. A-Plus Painting, LLC et al." For additional information about the case or about rights under the Fair Labor Standards Act, individuals may contact David Nacht by calling Nacht Law toll-free at (888) 312-7173.