NY and NJ: The Scotts Company
Territory Service Representative
New York & New Jersey Unpaid Wage and Overtime Claim
Whittel & Melton, LLC
866-608-5529 – Toll-free and Statewide
The Unpaid Wage and Overtime Attorneys at Whittel & Melton are currently reviewing potential unpaid overtime class action lawsuits for Territory Service Representatives who are, or were, employed by The Scotts Company in New York and New Jersey. Improper calculation of overtime, also known as “Chinese Overtime” affects employees working a fluctuating workweek. While these employees are paid a fixed salary every week for hours that vary from week to week, their employer may use a method known as “half-time” and not the normal time and a half to determine overtime pay. If you are, or were at some time, employed by The Scotts Company as a Territory Service Representative in New York or New Jersey and were not paid time and a half for the hours you worked exceeding 40 in a workweek, contact Whittel & Melton to discuss your legal rights.
Prompted by the complaints of employees, our complete investigation into The Scotts Company has revealed unfair payment practices to Territory Service Representatives. We believe that both past and present employees have grounds to file a lawsuit to recover unpaid wages. We allege that The Scotts Company has not been compensating employees, specifically Territory Service Representatives, who have worked more than 40 hours in a workweek for time and half, as is required under Federal Law.
At Whittel & Melton, we can help employees in New York and New Jersey recover back pay and additional damages for any financial injustice incurred as a result of being under compensated by this illegal system of payment.
Under the Fair Labor Standards Act, fair pay and equal treatment in the workplace is required for all employees. The FLSA is meant to protect employees from substandard wages and unfair working hours and conditions. The FLSA mandates that employers pay their employees a minimum wage of no less than $7.25 per hour effective July 24, 2009 as well as time-and-one-half of the employee’s regular rate of pay for every hour worked over 40 in a single workweek. Unfortunately, many employers fail to realize their legal obligations or just do not wish to comply with the law and in turn fail to provide employees with the appropriate rate of pay.
According to the United States Department of Labor, the FLSA establishes that covered nonexempt employees must receive overtime pay for any hours worked over 40 in a workweek at a rate of no less than one and one half times their regular pay rate. The FLSA does not limit the number of hours an employee 16 years of age or older may work in a single workweek. Employers are not required to pay employees overtime for working on weekends, holidays or regular days of rest, unless the employee falls into overtime on such days.
BE ADVISED – Employees of The Scott Company that were told their fluctuating pay check was perfectly legal need to understand that they may be able to take action for back wages and additional compensation. The Unpaid Wage and Overtime Attorneys at Whittel & Melton can help you recover unpaid wages and overtime. Remember, you have a right to receive the appropriate amount of pay that the law affords.
If you or someone you know is employed by The Scotts Company as a Territory Services Representative in New York or New Jersey, or was employed there in the past, contact us today to learn more about your legal rights. We can begin helping you immediately – call us toll-free at 866-608-5529.