Plaintiffs, who are former and current employees of SwRI and Alion,  filed the lawsuits on their own behalf and also as a class action on behalf of other similarly situated current and former employees for unpaid wages for pre- and post-shift work and work during "lunch breaks." 

Indiana law (Indiana Code Ann. § 22-2-2-4) provides that employees must be paid overtime for hours worked over 40 hours in a workweek at the rate of time-and-a-half of the regular rate of pay. So in addition to the claims for alleged unpaid overtime wages under FLSA, the plaintiffs have also included claims for alleged unpaid overtime under Indiana law.

Additionally, Plaintiffs allege that employees are also eligible for unpaid straight non-overtime wages for all the hours worked during the weeks when the total hours worked were less than 40 hours per week.

Plaintiffs allege that SwRI's and Alion's failure to pay regular non-overtime wages was in violation of Indiana Wage Payment Statute (Ind. Code Ann. § 22-2-5 et seq.). Plaintiffs are seeking recovery of alleged unpaid regular (non-overtime) wages for a proposed class of people who worked for SwRI and/or Alion and were not compensated for all the hours worked during the weeks when they worked less than 40 hours in a week.  Plaintiffs seek unpaid wages, liquidated damages, attorneys' fees, and other relief under Indiana Statute.

Plaintiffs also allege that SwRI and/or Alion had a written contract with the employees where SwRI and/or Alion contracted to pay a specific rate of regular, non-overtime compensation for each hour worked by the employees. By allegedly failing to pay employees the agreed amount for all non-overtime hours worked, Plaintiffs argue that SwRI and/or Alion breached their contract. Therefore, Plaintiffs are seeking recovery of unpaid non-overtime wages under breach of contract.  However, as of this time, the Court or a jury has not established any liability on part of SwRI and/or Alion.

As we discussed in the "important information about this case" page, any alleged unpaid overtime wages are covered by the Fair Labor Standards Act (FLSA) and Indiana Code Ann. § 22-2-2-4 . Under FLSA and Indiana Code, the overtime must be paid at the rate of time-and-a-half of "regular rate" of pay for all hours worked over 40 hours in a week.

If you believe you are eligible to participate in this lawsuit and you would like to join this lawsuit, you can join the lawsuit(s) by filing the consent form(s).  We will file your Consent Form(s) with the Court. The Court will determine whether your claim has validity. If you would like, you can call us at 801-269-9541 to discuss your personal situation.  You are under no obligation to join in this lawsuit.  You are free to initiate your own legal action, or consult an attorney of your own choosing, if you choose to do so. 

Further Information

If you have any questions or need further information about this lawsuit please contact Plaintiffs Counsel.