Migliaccio & Rathod LLP, along with co-counsel, has filed a collective action lawsuit, Osorio v. Rust-oleum Corporation, Inc., over allegations that Rust-Oleum failed to pay employees the proper overtime rate. The Fair Labor Standards Act (FLSA) requires that all employees must be compensated at time and a half their regular rate for all hours worked over 40 in a workweek. The FLSA requires that, when employees earn non-discretionary bonuses or other additional income, employers must include these other forms of guaranteed pay in calculating the regular and overtime rates. For more information on regular rate and common violations thereof, visit our other investigations on bonus and overtime calculations.
The Plaintiff alleges that he regularly earned non-discretionary bonuses, including production bonuses and shift differentials. He alleges that Rust-Oleum continued to compensate employee overtime at only the 1.5 times his hourly rate, and failed to include ALL additional guaranteed earnings, like these. As a result of Rust-Oleum’s failure to include bonuses and differentials in employee overtime rates, the lawsuit alleges that Rust-Oleum did not pay its employees all wages owed to them.
The complaint Osorio v. Rust-oleum Corporation, Inc., Case No. 1:22-cv-02419, and is pending in the U.S. District Court for the Northern District of Illinois and can be found here. As of January 2023, this case is in mediation.
If you were employed by Rust-Oleum Products, Inc. as an hourly employee in the last three years, or if you believe you were impacted by similar circumstances, please complete the questionnaire below, give us a call at (202) 470-3520 or send us an email at firstname.lastname@example.org.
Attorneys Committed to Fighting Wage Theft
The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation involving wage theft cases. We have recovered millions of dollars for restaurant workers, including for servers in IHOP restaurants and Assistant Managers in Bob Evans restaurants. (Disclaimer: Past results do not guarantee future outcomes). More information about our current cases and investigations is available on our blog.