United States District Court for the Middle District of Pennsylvania
Counsel: Justin Swidler, Matthew Miller
On February 19, 2014, Linda Stone, an hourly employee of Troy Construction, LLC, filed a federal lawsuit in the United States District Court for the Middle District of Pennsylvania asserting that Troy Construction violated the Fair Labor Standards Act (“FLSA”), the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law, by failing to pay all overtime due as a result of Troy’s practice of not properly calculating the overtime rate due to its employees.
On December 1, 2015, the Court overseeing the matter conditionally certified the case as a collective action pursuant to the FLSA and a Rule 23 class action under state law. The Court defined eligible class members as any hour employee of Troy who worked overtime and received a per diem while residing within 50 miles of the job site. If you wish to join the FLSA collective action, you can submit a Consent Form. You can read the also read the filed Complaint and the class certification decision.