Case Information
The Vanguard Utility Overtime Case
A proposed collective action under the Fair Labor Standards Act on behalf of utility workers who were denied lawful overtime pay.
Official Court Filing
Read the Complaint
The complaint filed in U.S. District Court sets out the full factual and legal basis for this case. Present and former employees are encouraged to read it to understand the claims being made on their behalf.
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Download Complaint (PDF)Case Summary
What the Lawsuit Alleges
This lawsuit is a proposed collective action brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b), on behalf of current and former utility workers who were not paid overtime wages as required by federal law.
Failure to Pay Overtime Wages
The complaint alleges that the defendant, Vanguard Utility Service Inc. required or permitted employees to suffer to work more than 40 hours per week without paying the legally required overtime wages for all hours worked in violation of 29 U.S.C. § 207; Additionally, the Complaint alleges that Vanguard illegally deducted time for meal breaks not taken, failed to compensate for time spent driving to and from job sites, and that even if and when it paid overtime, underpaid the required overtime premiums or wages.
Meal Break Auto Deductions
The complaint alleges that Defendant Vanguard, unlawfully in violation of the FLSA, capped the number of hours per day and thereafter edited or shaved off time from the actual work hours each day of installers, project managers and assistant managers, as well as to exclude from compensable time driving between job sites as well as other administrative non-manual labor work in an illegal scheme both systematically under or not pay overtime wages.
Willful Violations
The complaint alleges that the violations by VANGUARD were willful — meaning the employer knew or recklessly disregarded that its conduct violated the FLSA. A finding of willfulness extends the statute of limitations to three years (3) and may entitle workers to double the wages owed as liquidated damages. This includes alleging that Vanguard knowingly permitted its employees to suffer to work off the clock... meaning work hours that it knew or had reason to know were being worked but which were not being paid to its employees.
Know Your Rights
What Is an FLSA § 216(b) Collective Action?
The Fair Labor Standards Act (FLSA) is the federal law that establishes minimum wage, overtime pay, and other employment standards. Section 216(b) of the FLSA creates a special type of lawsuit called a "collective action" that allows workers with similar wage claims to join together in a single case against their employer.
Opt-In Structure
Unlike a class action (where you are automatically included unless you opt out), an FLSA collective action requires workers to affirmatively opt in by filing a written consent to join the lawsuit. You must take action to participate and recover wages.
Similarly Situated Workers
To proceed as a collective action, the court must find that the plaintiffs are "similarly situated" — meaning they share a common policy or practice that resulted in unpaid overtime. This case alleges that all affected utility workers were subject to the same unlawful pay practices.
What You Can Recover
If the case is successful, workers may recover: (1) unpaid overtime wages; (2) an equal amount in liquidated (double) damages; (3) attorneys' fees and costs. You pay no attorneys' fees unless there is a recovery.
Statute of Limitations
Claims under the FLSA are generally subject to a two-year statute of limitations, extended to three years for willful violations. The clock runs from the date each violation occurred — not from the date the lawsuit was filed. Acting promptly protects the full scope of your claim.
Your Legal Protections
Retaliation Is Illegal
Federal law strictly prohibits employers from retaliating against employees who assert their rights under the FLSA. This protection applies whether you have already joined the lawsuit, are considering joining, or have simply asked questions about your pay.
29 U.S.C. § 215(a)(3) — Fair Labor Standards Act
"It shall be unlawful for any person to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee."
Termination
Your employer cannot fire you because you filed a wage claim, joined this lawsuit, or inquired about your overtime rights.
Demotion or Discipline
Your employer cannot demote you, reduce your hours, cut your pay, or issue disciplinary action in retaliation for asserting your rights under the FLSA.
Harassment or Intimidation
Any form of harassment, threats, or intimidation designed to discourage you from participating in this case or asserting your wage rights is prohibited.
What to Do If You Experience Retaliation
If you believe your employer has retaliated against you for asserting your rights, contact us immediately. Retaliation claims are separate from your overtime claim and may entitle you to additional remedies, including reinstatement, back pay, and damages.
There is no cost or obligation to speak with us.