PITTSBURGH — An employee has filed a class action lawsuit against Allegheny Techonologies Inc., citing alleged unjust enrichment and unpaid wages.
Ralph Smith, individually and on behalf of all those similarly situated, filed a complaint on Feb. 6, in the Allegheny County Court of Common Pleas against Allegheny Techonologies Inc. and Strom Engineering, alleging violation of the Pennsylvania law through their policies or practices of not paying their non-exempt workforce for all hours worked and not providing overtime compensation.
According to the complaint, between August 2015 and March 2016, Smith and the class members were employed by defendants to replace one or more individuals in ATI's union workforce throughout the pendency of the lockout.
Plaintiff claims he was assigned to be a van driver to take the replacement workers to and from the ATI facility until he was switched to a different shift, for which there was already an assigned van driver. Plaintiff claims all of this work, including the time driving or travelling in a company van, and the attendant associated time spent waiting and crossing picket lines to get into the facility was unpaid.
The plaintiff holds Allegheny Techonologies Inc. and Strom Engineering responsible because the defendants allegedly failed to compensate plaintiff and the class members at a rate of 1.5 times their regular wage for hours worked in excess of 40 hours per week.
The plaintiff requests a trial by jury and seeks judgment for back pay damages, liquidated damages, litigation costs, and such other and further relief as the court deems just and proper. He is represented by Joseph Chivers of The Employment Rights Group in Pittsburgh.
The Allegheny County Court of Common Pleas Case No. is GD-19-001929.