One current and two former employees of CC Services, Inc, filed a class action lawsuit in the United States District Court for the Southern District of Illinois on Oct. 11, alleging CCSI failed to pay overtime compensation.Whether CCSI unlawfully failed and continued to fail to pay overtime compensation in violation of the FLSA;
The plaintiffs Paulette Robinson of Franklin County was employed by CCSI as a material damage specialist (MDS) from May 1997 to September 2003. Stormy Gale of DuPage County is employed by CCSI as a central claims office claims representative I (CCO CR) has been employed since 1998. And, Sherry Hughes of Fon Du Lac County Wisc., was employed for a year as at CCSI as a central claims office claims representative II.
According to the complaint, material damage specialist have duties that consist of evaluating property claims in accordance with company guidelines, central claims office claims representative Is have duties that consist of handling single vehicle claims of clear liability, and central claims office claims representative IIs handle multiple-vehicle comparative negligence claims of clear liability.
The plaintiffs claim that they aren’t compensated for working past 40 hours per week. They also claim that their positions are subject to storm duty, and must assist with other’s work.
“CCSI’s practice and policy is to willfully fail and refuse to pay overtime compensation due and owing to plaintiffs and members of the class in violation of federal and state law,” the complaint states.
The plaintiffs claims CCSI has instituted and carried out an unlawful policy of treating plaintiffs as exempt from its legal obligation to pay overtime and failing to pay overtime.
According to the complaint, CCSI’s alleged practice of treating plaintiffs and members of the class as exempt from overtime compensation violated the Fair Labor Standards Act (FLSA) because they are not exempt under any statutory exemption.
The plaintiffs also claim CCSI is in violation of the Illinois Minimum Wage Law and applicable administrative regulations because they and members of the class who have been Illinois employees do not fall under any stated exemption.
According to the complaint, questions of law and fact common to the class as a whole include, but are not limited to, the following:
Whether CCSI’s failure to pay overtime to its non-exempt plaintiffs was willful within the meaning of the FLSA; and
Whether CCSI failed and continues to fail to provide accurate wage statements itemizing all actual time worked and wages earned by the plaintiffs and prospective plaintiffs.
The plaintiffs are seeking damages in the amount of their respective unpaid overtime compensation, plus liquidated damages, as provided by the FLSA and such other legal and equitable relief as the court deems just and proper plus attorney fees.
They are also seeking certification of this action as a class action and an injunction against CCSI and any and all persons acting in concert with them, as provided by law from engaging in the alleged policies, patterns, and practices as described in their complaint.
The plaintiffs are represented by Thomas Crosby of Winters, Brewster, Crosby and Schafer of Marion and Dale Aschermann also of Marion.