Carrie Bradon Feb. 4, 2016, 1:57pm


PHILADELPHIA — A former employee is suing a West Chester flooring company, alleging his employer failed to provide the correct overtime pay.

Marcellus Smith, on behalf of himself and similarly situated employees, filed a complaint Jan. 27 in the U.S. District Court for the Eastern District of Pennsylvania against Miller Flooring Company Inc., alleging violation of the Fair Labor Standards Act.

According to the complaint, Smith was employed by Miller Flooring as an hourly employee from August 2001 until March 2015 and the hourly wage would vary based on the particular job. On weeks when the plaintiffs worked more than 40 hours, the suit says, Miller would calculate overtime pay by multiplying the lowest pay by one and a half.

The suit states that due to Miller's miscalculations, the plaintiffs received less pay than the time that they worked, and that the defendant refused to heed the complaints of employees concerning pay.

Smith, and the other employees, seek a jury trial, compensation for unpaid wages, liquidated damages, expenses and attorney fees. They are represented by attorneys Peter Winebrake, R. Andrew Santillo and Mark J. Gottesfeld of Winebrake & Santillo LLC in Dresher.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00330

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