On June 8, 2018, the lead Plaintiff Michael Perez filed a collective and class action complaint in the United States District Court for the District of Colorado, alleging that Gerrard Excavating, Inc., one of the largest infrastructure/site development contractors in the northern region of Colorado, violated the federal Fair Labor Standards Act (“FLSA”) as well as the Colorado Wage Act (“CWA”) and Colorado Minimum Wage Order (“CMWO”) by failing to pay its Heavy Equipment Operators their rightfully hard-earned overtime wages for work they performed off-the-clock.
The complaint alleges that as hourly-paid Heavy Equipment Operators, Mr. Perez and the putative collective and class members were required to regularly work over forty (40) hours per week including time spent performing pre-shift work-related activities such as checking and warning up the machine and equipment, but the company did not pay them for such pre-shift work and therefore deprived them of overtime compensation, in contravention of the FLSA, CWA and CMWO.
The complaint seeks to represent the following putative FLSA collective members with respect to overtime claims under the FLSA:
All Heavy Equipment Operators employed by Defendant at any time from 3 years prior to the filing of this complaint through the date of judgment.
The complaint also seeks to represent the following putative Rule 23 class members with respect to overtime claims under the CWA and CMWO:
All Heavy Equipment Operators employed by Defendant in the State of Colorado at any time from 3 years prior to the filing of this complaint through the date of judgment.
Mr. Perez brings this collective and class action on behalf of himself and all other similarly situated Heavy Equipment Operators to recover unpaid overtime wages, liquidated damages, penalties, and reasonable attorneys’ fees and costs.
The case is Perez v. Gerrard Excavating, Inc., Case No.: 1:18-cv-01429-MEH. The plaintiff is represented by JTB Law Group, LLC.
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