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Court Denies Framing Subcontractor’s Attempt at an Early Exit From Overtime Lawsuit

In a September 21, 2020 order, Judge Susan Nelson of the District Court of Minnesota denied Caliper Building Systems, LLC’s motion to be excused from a lawsuit accusing it of failing to pay construction workers overtime pay. The Court rejected the company’s attempt to shift responsibility to a labor broker for the unpaid wages the workers assert they were denied, and instead is permitting the workers to proceed with proving their case against both defendants.

The putative class includes mostly Spanish-speaking workers who performed construction work on various projects in Minnesota.  The workers’ attorney, Michele Fisher of Nichols Kaster, PLLP stated, “we are pleased with the Court’s order.  It is far too common in the construction industry for companies to try to shift liability for their wage and hour obligations by using labor brokers.  We intend to seek the pay these workers are due for their hard work and long hours.”

The case is entitled, Padilla v. Caliper Building Systems, LLC, JMC Contracting, LLC, and Jose Merino, Court File No. 20-cv-00658 (SRN/KMM) (D. Minn.)