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Former employees sue janitorial service for overtime pay

By Shaun Zinck | Jan 27, 2015

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Former employers of a janitorial cleaning service company filed a lawsuit on Jan. 15 against the business alleging they were owed overtime pay.

Johnny Cody, Leeanne Snow, Alfred Sanders and Anthony Claiborne filed the class-action suit against Michigan-based U.S. Servico, Inc. and its owner Brian Rogers. The group said they served as operations manager, supervisors, crew leaders and janitors, but were all exempt from overtime pay based on U.S. Servico's policy. Their job title, however, meant little in terms of their responsibilities, according to the lawsuit.

The suit alleged the former employees spent the majority of their time in non-exempt activities related to commercial cleaning and janitorial services.  

The plaintiffs alleged the company purposely paid the employees a salary in order to avoid overtime costs, and even refused to pay overtime for non-exempt employees who were paid by the hour.

The suit also alleged the company failed to pay the employees for filing required reports  after they had completed their janitorial work.  According to the lawsuit, the report had to be filed after an employee had clocked-out, usually taking 30 minutes to an hour to complete. Additional reports that took three to five minuters were required mid-shift, and employees allegedly were told they had to fill them out while off the clock.

The company allegedly also refused to pay employees when they traveled between locations.

The plaintiffs are represented by Kevin J. Stoops and Jesse L. Young, of Sommers Schwartz, P.C.; and Marshall Lasser, of Marshall Lasser, P.C.

United States District Court Eastern District of Michigan case number 2:15-cv-10170.

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