Case Number: 3:13-cv-02529
Practice Area: Employment Law & Unpaid Wages
Case Status: Settled
Settlement Amount: $6,950,000.00
Court: United States District Court for the Middle District of Pennsylvania
Berger Montague served as co-lead counsel and obtained a $6.95 million settlement in this wage and hour lawsuit against Brightview Landscapes, LLC f/k/a the Brickman Group LTD. LLC (“Brightview”) on behalf of approximately 1,315 individuals employed as salaried landscape/crew/irrigation Supervisors who were paid on a “fluctuating workweek”-type half-time overtime pay scheme during the time period at issue. Led by Shanon J. Carson and Alexandra K. Piazza of Berger Montague, the plaintiffs brought this unpaid overtime case alleging violations of the federal Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”) and Pennsylvania Labor Laws. The case was litigated in the United States District Court for the Middle District of Pennsylvania and was captioned Amador, et al. v. The Brickman Group, Ltd., LLC., No. 3:13-cv-02529 (M.D. Pa.).
The plaintiffs were non-exempt, salary paid Supervisors who were employed to perform landscaping labor and were paid a “fluctuating workweek”-type half-time overtime pay for all hours worked over forty (40) in a workweek. Plaintiffs routinely worked well over forty (40) hours per workweek, throughout the duration of their assignments, and were paid only a “fluctuating-workweek”-type half-time pay, with no time-and-a-half overtime pay for hours worked in excess of forty. Plaintiffs primarily claimed that they were improperly compensated and were not paid an accurate overtime rate when they worked more than forty (40) hours per week. The settlement resolved the claims alleged in the action.
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About Berger Montague
Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.