Migliaccio & Rathod LLP is investigating whether DB Schenker properly calculated overtime compensation for hourly warehouse employees who received shift differential pay.
Reports provided for this investigation indicate that certain DB Schenker employees may have worked in a warehouse where shift differentials were applied systematically based on an employee’s scheduled shift or team. The report described the compensation structure as affecting the entire warehouse.
Shift differential pay is additional compensation employees may receive for working evenings, nights, weekends, or other designated shifts.
Under federal law, ordinary shift differentials generally must be included when calculating an employee’s regular rate for overtime purposes. If overtime was calculated using only the employee’s base hourly wage, DB Schenker workers may have received an overtime premium that was too low.
Employees May Have Experienced:
- Receiving additional hourly pay for working a particular shift;
- Working evening, overnight, weekend, or other differential-paying schedules;
- Working more than 40 hours during weeks when a shift differential was earned;
- Having overtime calculated from the base hourly wage rather than the higher differential rate;
- Seeing shift differential and overtime listed separately on paystubs; and
- Receiving the same overtime rate despite regularly earning shift differential pay.
Potential Claims May Include:
- Failure to include shift differentials in the regular rate;
- Improper calculation of overtime compensation;
- Underpayment of overtime premiums;
- Violations of the Fair Labor Standards Act;
- Violations of applicable state wage laws; and
- Recovery of unpaid overtime and other available damages.
Signs You May Be Affected:
- You worked for DB Schenker as an hourly warehouse or logistics employee;
- You received additional pay for working a particular shift;
- You regularly worked more than 40 hours per week;
- Your overtime rate was based only on your base hourly wage;
- Your shift differential did not appear to increase your overtime rate; or
- Your paystub separately shows shift differential pay and overtime without an apparent regular-rate adjustment.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.