On Monday, 133 former or current employees of Epic Landscape Productions, L.C. filed a class action complaint in the District of Kansas against Epic alleging violations of the Fair labor Standards Act (FLSA).
According to the complaint, Epic is a Kansas limited liability corporation and landscaping company. Further, the complaint states that Epic at some point employed each of the plaintiffs as non-exempt hourly workers.
The plaintiffs allege that Epic had a policy and practice of failing and refusing to properly compensate the plaintiffs and other hourly workers for overtime hours in excess of 40 hours per week. The complaint argues that the defendant’s policy and practice violate the FLSA because the defendant paid its non-exempt hourly employees their standard rate for overtime hours worked instead of the required 1.5 times their regular rate for all hours worked in excess of 40 hours per week.
Additionally, the complaint alleges that Epic breach the plaintiffs employment contract which stated that they would be paid the required 1.5 times their regular rate for all overtime hours worked.
Accordingly, the plaintiffs filed the present lawsuit on behalf of themselves and others similarly situated to recover their unpaid wages. The plaintiffs seek to bring and maintain the complaint as an “opt-in” collective action under the FLSA.
The complaint alleges five causes of action; violation of the FLSA, violation of Missouri law by failing to pay earned wages and overtime, breach of contract, third party beneficiary and quantum meruit/unjust enrichment. The plaintiffs seek class certification, declaratory relief, restitution, pre- and post-judgment interest, attorney’s fees and costs.
The plaintiffs are represented by Bertram & Graf, L.L.C. and The Hodgson Law Firm, L.L.C.
