Lafayette Steel Erector, Inc. (LSE Crane and Transportation)
Case Information:
This is a nationwide Fair Labor Standards Act (FLSA) case involving riggers and crane operators for LSE Crane and Transportation. The lawsuit claims that LSE Crane required that its crane operators and riggers work off-the-clock both before and after scheduled shifts. During this alleged off-the-clock work, the class members picked-up and dropped-off materials and supplies, filled their company vehicle’s gas tanks, filled supplemental gas tanks with diesel fuel for the crane, and drove to and from the job site.
The lawsuit also claims that LSE Crane engages in a scheme to deprive its crane operators and riggers proper overtime by categorizing part of their hourly rate as a “per diem.” Courts have held that hourly “per diems” are wages and therefore must be included when calculating the employee’s overtime rate.
The lawsuit requests lost wages, liquidated (double) damages, injunctive relief, and attorneys’ fees. Click here to read the Complaint in this case.
Status Updates
August 29, 2018 - Class Counsel Sends out Notice of Lawsuit to Class Members
Today we started sending out the Notice and Consent Forms. Class members can view the Consent Forms here. Class Members will have until October 28, 2018 to return their Consent Forms.
August 20, 2018 - Court Approves Conditional Class Certification
On August 23, 2018, the Court approved the parties’ Stipulation of Conditional Class Certification. You can read the Order here. The Court approved the Notice and Consent Form and ordered that we send the Notice and Consent Form to all individuals who worked for LSE Crane as a crane operator or rigger since July 15, 2015 that were paid by the hour and were also paid an hourly per diem. The Court also approved a Text Message Notice to be delivered to all class members. We plan to send out notice as soon as we have the necessary information to do so. We expect that to happen in approximately two weeks. Any class members interested in joining the case will need to return the Consent Form within sixty days.
July 23, 2018 – Plaintiffs and LSE Crane Agree to Conditional Class Certification
On July 23, 2018, Plaintiffs and LSE filed a joint stipulation of conditional certification. In the stipulation, which you can read here, the parties agreed to define the class as “all individuals who worked for [LSE Crane] as a crane operator or rigger since July 15, 2015 that were paid by the hour and were also paid an hourly per diem.” The parties also agreed that Plaintiffs’ lawyers must send a notice of the lawsuit and a consent to join to each potential class member by U.S. mail and e-mail. Plaintiff’s lawyers may also send an abbreviated text message notice that refers class members to a website containing the notice and consent to join. Finally, the parties requested that the class members be permitted to sign their consent forms using an electronic signature.
Once the Court approves the stipulation, we will send notice to all potential class members.
June 7, 2018 – Supplement to Motion for Conditional Class Certification Filed
On June 7, 2018, Plaintiffs filed a supplement to their motion for conditional class certification and for judicially supervised notice. In the supplement, which you can read here, Plaintiffs attached a declaration from a former rigger and crane operator for LSE Crane and reiterated their request that the Court to certify a class of riggers and crane operators who were paid an hourly per diem in the last three years.
April 27, 2018 – Motion for Conditional Class Certification Filed
On April 27, 2018, Plaintiffs filed a motion for conditional class certification and for judicially supervised notice. In the motion, which you can read here, Plaintiffs asked the court to certify a class of riggers and crane operators who were paid an hourly per diem in the last three years. Plaintiffs also requested that the Court authorize Plaintiffs’ counsel to notify all potential class members of this lawsuit and of their ability to join the lawsuit.
