New class action claims Universal Ensco failed to pay overtime

Kelly Holleran Oct. 20, 2011, 3:38am

A field inspector for Universal Ensco claims the company failed to pay him and other employees for overtime hours they worked.

Chicago attorney Douglas M. Werman of Werman Law Offices represents Gerald Spears in a putative class action lawsuit filed Oct. 14 in Madison County Circuit Court.

In his complaint, Spears alleges he was hired in April of 2005 as a field inspector for the company, which provides engineering, project management, survey and construction management services to the on-shore and off-shore energy industry.

Since he has been hired, Spears has been paid a specific day rate for the work he performs, regardless of how long the work takes, according to the complaint.

Spears would regularly work more than 40 hours per week. In fact, he most often worked at least 60 hours in a week, the suit states. However, Spears claims he was not compensated for the extra time he spent on the job.

"Defendant failed to pay Plaintiff one and one-half times his regular rate of pay for time he worked in excess of 40 hours per week," the complaint says.

Universal knew its payment system was illegal because it has received a number of complaints about its failure to pay overtime, Spears alleges.

In his complaint, Spears is seeking a judgment worth one and one half times the pay that he should have received for overtime hours worked, plus pre-judgment interest on back pay, attorney's fees, injunctive relief and other relief the court deems just.

Madison County Circuit Court case number: 11-L-1057.

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