Migliaccio & Rathod LLP is investigating whether Moss & Associates, Moss Solar, and related operations properly calculated overtime compensation for hourly employees who received recurring per diem payments.
Reports provided for this investigation indicate that certain Moss Solar employees may have received weekly per diem payments while working on solar projects and working more than 40 hours per week. The same type of compensation structure was also reported by workers in the solar-construction industry at other contractors.
Moss Solar employers may generally exclude legitimate reimbursements for reasonably incurred business expenses from an employee’s regular rate. However, a payment called a “per diem” may in some circumstances function as compensation rather than reimbursement, depending on how it is structured and what it is intended to cover.
If all or part of a recurring per diem should have been included as compensation, excluding it from the regular rate may result in an employee receiving too little overtime.
Employees May Have Experienced:
- Receiving a fixed daily or weekly per diem;
- Receiving per diem payments while working away from home;
- Receiving the same per diem regardless of actual travel or living expenses;
- Working substantial overtime while receiving per diem payments;
- Receiving overtime calculated only from their base hourly wage; and
- Receiving per diem and wages as separate earnings on the same paycheck.
Potential Claims May Include:
- Improper exclusion of compensation from the regular rate;
- Underpayment of overtime compensation;
- Improper treatment of per diem payments;
- 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 Moss Solar, Moss & Associates, or a related operation as an hourly employee;
- You received daily or weekly per diem payments;
- Your per diem was fixed rather than tied to your actual expenses;
- You regularly worked more than 40 hours per week;
- Your overtime rate was calculated only from your base hourly wage; or
- Your per diem continued according to a standard formula regardless of the expenses you actually incurred.
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.