Greg Landers v. Quality Communications, Inc.

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 26, 201512-15890California4,220 words

Opinion

Opinion

I. BACKGROUND

Landers was employed by Quality as a cable services installer. He brought suit, individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him, and other similarly situated individuals, minimum wages and overtime wages in violation of the FLSA.

In the complaint, Landers alleged that: (1) he was employed by Quality in its cable television, phone, and

LANDERS V. QUALITY COMMUNICATIONS

internet service installation business; (2) his employment was subject to the FLSA’s minimum wage and overtime pay requirements; (3) he was not paid at the minimum wage; and (4) he was subjected to a “piecework no overtime” wage system, whereby he worked in excess of forty hours per week without being compensated for his overtime.

In the alternative, Landers alleged that even if he were paid some measure of overtime, the overtime payment was less than that required by the FLSA. According to Landers, Quality failed to compensate him for all of the overtime hours he worked and/or the overtime rate at which he was paid was calculated using an incorrect rate, resulting in an overtime payment that was less than that required by…

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