October 16, 2013: Newville Files Overtime Class Action Against Lessors, Inc.

Lessors, Inc. is a national trucking company based in Eagan, Minnesota. On October 16, 2013, on behalf of current and former Lessors employees, Joshua Newville filed a class and collective action wage and hour lawsuit against Lessors in United States District Court. The plaintiffs, on behalf of themselves and other employees, allege that Lessors has purposely denied employees overtime pay.

The Fair Labor Standards Act and the Minnesota Fair Labor Standards Act both require higher wage rates for hours worked over 40 and 48, respectively. Although there are exceptions to these rules, Plaintiffs allege that Lessors has purposefully misclassified them and other employees as falling under such an exception in order to avoid paying them the overtime wage rates for which they are entitled. The following is a summary of the allegations in the Complaint, which is titled Luis Felix, Donald Knutson, and Juan Vazquez-Perez, individually and on behalf of all other similarly situated individuals and the Proposed Minnesota Rule 23 Class, Case No. 13-CV-2854 (DWF/JJG).

Lessors has been in the common carrier and specialized trucking and shipping businesses since 1983, hauling products and materials to consumers, retailers, wholesalers, manufacturers, and distributors throughout the continental United States. In addition to operating in each of the continental 48 States, Lessors has three full service terminals in Eagan, Minnesota, Dover, Florida, and Caldwell, Idaho. Lessors also has offices in Portsmouth, Virginia, Champaign, Illinois, and Nashville, Tennessee. From July 2010 through July 2013, Plaintiff Luis Felix routinely worked over forty hours—and often over forty-eight hours—per week as a truck washer, a role unrelated to the safety of vehicles engaged in interstate commerce. For example, from December 26, 2011 until July, 2013, Felix worked a total of approximately 321 overtime hours, working over 40 hours approximately 63% of the time (49/78 weeks). This example does not constitute the total number of unpaid overtime hours for which Felix is entitled but has not been paid. Although none of Felix’s pay was subject to an overtime rate exemption, Defendant did not pay Felix at a rate greater than his normal rate of pay for his overtime hours. Since June 2011, Plaintiff Donald Knutson has almost always worked over forty hours—and often over forty-eight hours—per week as a truck washer, a role unrelated to the safety of vehicles engaged in interstate commerce. For example, from December 26, 2011 until September 8, 2013, Knutson worked a total of approximately 1194 overtime hours, working over 40 hours approximately 98% of all pay periods (87/89 weeks). This example does not constitute the total number of unpaid overtime hours for which Knutson is ent