Last updated: February 19. 2013 6:24PM - 638 Views

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SCRANTON – A former employee has sued Jack Williams Tire Company, Inc., alleging the company failed to include commission payments when calculating overtime pay. The suit, filed in federal court in Scranton by Matthew Kitchen, Shamokin, contends about 250 current and former employees have been shortchanged in overtime pay.

Paperwork by attorney Peter Winebrake of Winebrake & Santillo in Dresher, Pa., was filed on behalf of Kitchen and similarly situated employees.

The paperwork notes that technicians employed at Jack Williams auto maintenance centers are paid an hourly wage and a commission, and are paid time and a half for work over 40 hours.

But the overtime is paid only on the hourly wage, without the commission factored in. The suit contends that both the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act require commissions be included in the calculation of overtime.

According to the suit, failure to include commissions in overtime Violates the legal mandate that, in calculating overtime, ‘commissions … are payments for hours worked and must be included in the regular rate.'

The paperwork was filed as a class action suit to cover Every individual who, during any workweek after November 20, 2009, was (i) employed by Defendant or any of its associated business entities, (ii) paid an hourly wage, (iii) credited with commission payments in addition to the hourly wage payments, and (iv) credited with working over 40 hours.

The suit does not seek any specific dollar figure, asking instead for unpaid wages (including overtime wages) with interest, payment of legal and attorney costs, and such other and further relief as this court deems just and proper.

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