As an employee, you would never expect that you wouldn’t be getting paid for the hard work and hours you put into your job. Unfortunately, this is a reality that occurs at times. In 2011, HVAC (Heating, Ventilation, and Air Conditioning) repair service technicians working for Source Refrigeration & HVAC, Inc. reported that they were not being paid fairly for the time spent at work. These HVAC repair and maintenance workers were facing overtime and wage violations nationwide, including locations such as Texas, California, Florida, Colorado, Idaho, and Oregon. Kennedy Hodges, LLP, took on this case and represented the Source Refrigeration employees to fight for their wage rights.
Source Refrigeration and The HVAC Workers
At Source Refrigeration, technicians perform mechanical and electrical maintenance and inspections on refrigeration equipment across the country. This equipment is found in certain clients’ stores, including Wal-Mart, 7-Eleven, and Target. These HVAC technicians were not being paid for all of their overtime hours worked, claiming that faulty time recording devices were to blame for the overtime violations. The following are duties that the workers were not being properly paid for:
- Mandatory company meetings
- Cleaning Source Refrigeration’s vehicles
- Traveling in between different jobs
- Clocking in after jobs
Progression of the Case
During the early stages of this case, a federal judge ordered a Notice of Rights to be sent out to any present or former Source Refrigeration service technicians. This included over 500 employees who worked from March 19, 2009 to March 2013. All of the employees affected by this wage error were given the opportunity to speak up and claim they were unfairly paid. At Kennedy Hodges, LLP, we made sure these employees had the chance to make a claim by filling out a form and sending it back to us. We listened carefully to each and every one of these employees and were able to work hard to get them exactly what they deserved.
Source Refrigeration also failed to properly pay service technicians in Georgia, Florida, and California by practicing illegal payroll policies. This included giving higher hourly pay employees who were working nontraditional shifts, premium overtime pay so that they could appear to be following the FLSA’s overtime requirements. Antics like these are easily overlooked, but we’re glad we were able to catch Source Refrigeration and stop these unfair wage and overtime practices.
It took almost two years for the case to end, and thanks to Galvin Kennedy and Gabriel Assaad, a settlement was made in favor of the HVAC technicians and all of their hard work. A California federal judge approved a $10 million deal that settled this case. Not only that, but the suit also stated that Source Refrigeration went against the California Labor Code’s rest and meal period rules. After waiting for so long after not being properly paid, these technicians left this case with the best possible outcome, and rightfully so.
At Kennedy Hodges, LLP, we worked hard to get these service technicians the rewards they deserved after all the hard work they endured without any pay. Sacrificing your time and energy for a company that doesn’t appreciate or acknowledge your presence is something no one should have to endure. Thanks to our attorneys, Source Refrigeration paid for its wrongdoings.
Are You Worried About Unfair Wages?
If you think your employer has not been paying you what you deserve, you have every right to seek legal action. Don’t let your fear of a long or tedious case prevent you from getting what you deserve! Source Refrigeration’s employees were able to get the settlement they deserved, and we’ll try just as hard to help you with your case as well. We’re ready to help you get your life back on track! Fill out our contact form to set up your free case consultation today.