Hunter Super Techs and TurnPoint Services Overtime Violations

This lawsuit alleges that Hunter Super Techs and TurnPoint Services violated the Fair Labor Standards Act and Oklahoma state law by failing to pay technicians overtime pay. Federal law requires employers to pay non-exempt employees at a rate of time-and-one-half of their regular rate for any hours worked over forty in a workweek. Instead of tracking the technicians’ hours and paying overtime, the suit alleges that Hunter Super Techs and TurnPoint Services paid the technicians on a piece rate basis, but did not pay time-and-a-half overtime wages for hours worked in excess of 40 in a workweek.

The lawsuit also alleges that Hunter Super Techs and TurnPoint Services depressed employees’ wages by failing to pay according to the terms of the technicians’ employment contract. Despite being promised a $20 fee plus a 17% commission of the cost of the job to the customer, the plaintiff alleges that the company arbitrarily reduced the commission rate to 6%, and also took deductions from the technicians’ pay if a helper assisted on the job.

The Claims

Failure to Pay Overtime

First, the plaintiff alleged that the company does not pay their piece rate workers overtime for all hours worked over forty in a workweek.

The technician’s position is that federal law requires employers to track employees’ hours and pay a rate of time-and-one-half of the regular rate if the employee works over forty hours in a week. The Plaintiff alleges that despite regularly having to work over forty hours in a week, Hunter Super Techs and TurnPoint paid employees on the same piece rate basis regardless of how many hours were worked.

Failure to Pay Wages Due

Second, the plaintiff alleged that the company failed to pay all wages due to the technicians by refusing to pay the agreed-upon wages. Oklahoma’s labor law, called the Oklahoma Protection of Labor Act (OPLA), requires employers to pay employees all wages due on regular paydays. The Plaintiff alleges that Hunter Super Techs and TurnPoint Services violated this law (and breached the technician’s employment contract) by arbitrarily reducing the amount of wages they would pay technicians throughout the course of the employment. The Plaintiff also alleges that the employers violated the OPLA by diverting a portion of the wages due to pay other employees, thereby failing to pay all wages earned and due.