BENTON – Texas labor contractor Brock Group didn’t pay wages it agreed to pay, former employee Kevin Kelley of St. Louis County alleges at U.S. district court.
His counsel, Jennifer Paulson, sued Brock Group and its Brock Industrial Services subsidiary on Oct. 2, claiming they subtracted small amounts that employees didn’t detect.
“Brock engaged in intentional, pervasive, and systematic theft of wages from thousands of employees over the course of several years,” she wrote.
Paulson claimed it amounted to millions of dollars.
She provided an example that Kelley worked 36 hours at an agreed hourly rate of $35.80 for a total of $1,288.80.
Brock Group trimmed $38.50 from the total and paid $1,250, according to the complaint.
She provided another example that Kelley worked 32 hours at $35.80, 27 hours at time and a half, and ten hours at double time for a total of $3,311.50.
According to the complaint, Brock Group paid $3,089.50, a difference of $222.
Paulson proposed to certify a national class of at least 10,000 employees under federal wage law and an Illinois class of at least 1,000 employees under state wage law.
For the Illinois class, Paulson sought all wages owed, liquidated and punitive damages, and interest.
She claimed common questions of the class include whether Brock Group unlawfully deducted wages, failed to pay on the minimum schedule set forth in state law, or failed to compensate the class for hours exceeding 40 a week.
Paulson claimed triple damages for failure to pay overtime.
She also claimed common questions of the federal class include whether Brock Group knowingly and willfully failed to pay promptly or compensate the class at time and a half.
In the alternative, she alleged unjust enrichment, claiming the class conferred a benefit on Brock Group by providing labor that resulted in earned profits.
“Brock knew about and retained this benefit to plaintiffs’ detriment,” she wrote.
“Brock’s retention of the improperly withheld earned compensation and wages violates the fundamental principles of justice, equity, and good conscience,” she added.
Paulson described Brock Group as a union craft service contractor in Houston employing laborers across the nation.
She claimed at least 13,000 employees provide scaffolding, painting, insulation, shoring, lead abatement, asbestos abatement, fireproofing, fabrication, electrical instrumentation and heat tracing in support of capital projects, maintenance and turnarounds.
Brock Group allegedly employed Kelley from last August to this May as an abatement laborer at Scott Air Force Base in O’Fallon and Afton Chemical in Sauget.
Paulson practices at Simmons Hanly Conroy in Alton.
Charles J. Baricevic and Alvin Paulson of Chatham and Baricevic in Belleville also represent Kelley.
The court clerk assigned Magistrate Judge Reona Daly, who will preside unless a party declines consent to magistrate jurisdiction.
If that happens the clerk will assign a district judge.