Beer wholesale employee files lawsuit for unpaid overtime
Matthew Tobin filed a lawsuit against his employer, Sussex, Wisconsin-based Beer Capitol Distributing Inc. for failing to pay him proper wages for his employee attendance, the Milwaukee Journal Sentinel reports. Tobin was hired at the beer wholesaler as a salaried employee, but the worker claims his position does not qualify for exemptions from overtime pay and minimum wages.
Under the Fair Labor Standard Act (FLSA), employers are required to pay workers minimum wage and overtime pay (time-and-a-half) if they work more than 40 hours in a single workweek. However, if employees are considered exempt by the FLSA, they are not eligible for those basic labor rights.
Tobin and approximately 60 other employees are filing a class action lawsuit against the company, claiming that they say misclassified them as delivery truck drivers to avoid paying them overtime, the source reports. MillerCoors and other brewers and then sells it to restaurants and retailers. The workers in question are not delivery truck drivers. Rather, their job duties include traveling to customers' sites and placing beer that has already been delivered on the sales floor, merchandising stock shelves, moving displays and other sales materials.
If Beer Capitol is found in violation of FLSA provisions, they could be ordered to pay workers as much as $700,000 in backwages for unpaid overtime, the source reports.
Under the Fair Labor Standard Act (FLSA), employers are required to pay workers minimum wage and overtime pay (time-and-a-half) if they work more than 40 hours in a single workweek. However, if employees are considered exempt by the FLSA, they are not eligible for those basic labor rights.
Tobin and approximately 60 other employees are filing a class action lawsuit against the company, claiming that they say misclassified them as delivery truck drivers to avoid paying them overtime, the source reports. MillerCoors and other brewers and then sells it to restaurants and retailers. The workers in question are not delivery truck drivers. Rather, their job duties include traveling to customers' sites and placing beer that has already been delivered on the sales floor, merchandising stock shelves, moving displays and other sales materials.
If Beer Capitol is found in violation of FLSA provisions, they could be ordered to pay workers as much as $700,000 in backwages for unpaid overtime, the source reports.
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