On January 20, 2017, we filed a lawsuit on behalf of all hourly employees against WECTEC Global Project Services (“WECTEC”).  The Complaint alleges that WECTEC unlawfully averaged the number of hours worked by hourly employees each 2-week pay period and did not pay an overtime premium for hours worked in excess of 40 hours in a workweek.  According to the Complaint, WECTEC implemented what is sometimes called a 9/80 plan did that did not comply with the Fair Labor Standards Act (FLSA). 

Under a lawful 9/80 pay plan, employees work nine days in a two-workweek period, but not more than forty hours in either week.  The two-workweek period is scheduled so that employees work four 9-hour days, followed by an 8-hour day.  Employees then work four 9-hour days the next week.  For a 9/80 pay plan to comply with the FLSA, the workweek must end at the midpoint of the 8-hour day. When implemented properly, the first four hours worked during the 8-hour day fall into one workweek and the second four hours worked during the 8-hour day fall into the next workweek.  The result is that the hours worked in both workweeks will not exceed 40.

WECTEC’s workweek violates the FLSA because it begins on a Monday and ends on a Sunday.  Under WECTEC’s 9/80 pay plan, the 8-hour day is every other Friday.  As a result, employees work 36 hours one workweek and 44 hours the next workweek, but are only paid for 80 total hours of pay, with no overtime premium for the 4 hours of overtime worked during the 44-hour workweek.

The Complaint also alleges that WECTEC violated the North Carolina Wage and Hour Act by failing to pay all wages due on regularly scheduled paydays.  We seek to recover unpaid overtime compensation, liquidated damages and other statutorily-permitted relief.

Frequently Asked Questions

Am I eligible?

This case was brought on behalf of all hourly employees who worked for WECTEC and participated in the 9/80 plan, but were not paid overtime wages.  If you worked for WECTEC as an hourly employee under the 9/80 schedule at any time during the past three years and were not paid overtime wages when you worked more than 40 hours in a workweek, then you may have a claim.

Which Locations Are Included?

This case involves all hourly WECTEC employees who worked under WECTEC’s 9/80 plan.

How Do I Join This Case?

To join this case, you must complete a Consent Form and return it to us for filing with the Court.  You may return it to our office via fax (704-612-0038), email attachment to phil@philgibbonslaw.com, or by mail to 15720 Brixham Hill Ave, #331, Charlotte, NC 28277.

What Time Frame Does This Case Cover?

The FLSA contains a statute of limitations that permits an employee to recover unpaid overtime wages within two (2) years of when the employee joins the lawsuit.  The statute of limitations can be extended to three (3) years under certain circumstances.

How Do I Prove I Worked Overtime?

The FLSA requires employers to keep accurate records of all time worked by non-exempt employees.  If WECTEC did not keep accurate time records, you will be permitted to provide a “good faith estimate” of the time you worked.

Can WECTEC Retaliate Against Me?

The FLSA makes it illegal for an employer to retaliate against an employee for joining an overtime lawsuit.  If you suffer retaliation, you may have additional claims against your employer.  If you currently work for WECTEC and you believe you may be a victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of an overtime lawsuit varies from case to case.  Typically, overtime lawsuits last one to three years.

How Can I Help?

Right now, we are hoping to speak with as many current and former WECTEC hourly employees as possible to learn more about the case.  If you have information regarding WECTEC’s 9/80 pay plan, you may contact Phil Gibbons at phil@philgibbonslaw.com or 704-612-0038.

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