The Employment Law Group® Law Firm Helps Metal Worker To Win Collective-Action Status For Lawsuit Alleging Unpaid Overtime On Restoration Of Historic Airliner

WASHINGTON, Feb. 9, 2015 /PRNewswire-USNewswire/ -- A federal judge has certified a collective action lawsuit against two aircraft maintenance and repair companies accused of underpaying their workers, ordering the companies to help deliver an opt-in notice to anyone who worked on the restoration of a historic airliner in Auburn, Maine, since mid-2011.

The named plaintiff in the case, Christopher Venegas, was employed for more than a year as a metal worker on the project. He is represented by The Employment Law Group® law firm of Washington, DC, and by Johnson, Webbert & Young of Augusta, Maine.

Mr. Venegas alleges that Lufthansa Technik North America Holding Corp. (Lufthansa Technik) and its subcontractor Global Aircraft Service, Inc. (GAS) hired dozens of workers to restore a 1950s-era Lockheed Constellation "Super Star" aircraft at a hangar in Auburn, typically requiring them to work more than 60 hours over a six-day week—yet failing to pay any overtime premium.

Under the Fair Labor Standards Act (FLSA), a federal law, companies must pay covered employees at least 150% of regular wages for any time worked over 40 hours per week. GAS and Lufthansa Technik illegally evaded this requirement by misclassifying most of the Super Star workers as independent contractors, Mr. Venegas alleged in a civil complaint filed in June 2014.

The collective-action certification allows other workers who believe they were misclassified to join Mr. Venegas' complaint. Two dozen people already have indicated they will do so, and Mr. Venegas believes at least 50 are eligible in total. GAS and Lufthansa Technik—a U.S. affiliate of Germany's giant Lufthansa Group—now must identify and help to contact all these workers, and also must post lawsuit opt-in notices in their workplaces.

Meanwhile work continues on the airplane in Auburn, where Lufthansa Technik and its subcontractors have been restoring it since 2008 for a foundation established by Lufthansa Group to showcase the German airline's heritage. The Lockheed Constellation L1649A, or Super Star, is a striking tri-tailed propeller aircraft that embodies the golden age of air travel, when coast-to-coast and transatlantic travel was in an early and romantic phase. Details on the project are available on the German foundation's Web site.

A metal worker and aircraft mechanic from Texas, Mr. Venegas moved to Maine to work full-time on the Super Star project from February 2013 until May 2014, when GAS terminated him without explanation.

"This is a gorgeous airplane and a glamorous project," said Nicholas Woodfield, principal and general counsel of The Employment Law Group. "But Lufthansa's prestige cannot come at the price of employee rights. Chris and his co-workers were never independent contractors: GAS and Lufthansa Technik controlled most aspects of their work—right down to the shirts they wore—and demanded a grueling work week. These are employees under the FLSA, and they are owed overtime. This action will enable dozens of workers to collect what they have already earned."

Judge Nancy Torreson of the U.S. District Court for the District of Maine issued her certification order on Feb. 5, 2015. The certification will remain conditional until later in the lawsuit.

The case is Venegas v. Global Aircraft Service, Inc., No. 2:14-cv-249-NT.

About The Employment Law Group

The Employment Law Group® law firm represents whistleblowers and others who stand up to wrongdoing by employers. Based in Washington, D.C., the firm takes cases nationwide.

More information about The Employment Law Group and its attorneys is available at http://www.EmploymentLawGroup.com.

SOURCE The Employment Law Group(R) Law Firm