Unjust enrichment, exploitation, retaliation, unpaid wages: Employees sue company that handled biggest Upper Peninsula Projects – accusations include not paying overtime, altering times sheets and making lots of unjust money of the backs of it workers

U.P. Breaking News Bulletin – 2-13-18 – 5:25 a.m. ET

Class Action Lawsuit: National Coatings, Inc. sued over alleged overtime and wage abuse – company has worked on the biggest projects in the Upper Peninsula

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Traverse City, MI) – A company that has handled painting, roofing and renovating for the absolute biggest projects in the Upper Peninsula is being sued for allegedly failing to pay overtime, time card shenanigans, retaliation and unjust enrichment on the backs of workers.

The 21-page Class Action federal civil suit was filed on Monday by five former employees on behalf or current and former employed by National Coatings, Inc.

This includes their numerous major Upper Peninsula projects (see list below) – including U.P. casinos, theaters, universities, and mines.

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by plaintiffs” to “facilitate the exploitation” of labor, the lawsuit charges.

Class Action lawsuit has been filed by five ex-employees – Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young “on behalf of themselves and others similarly situated.”

(Scroll down to read or download your own free copy of the lawsuit and its exhibits – we paid for it)

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Collective and class action complaint for damages and demand for jury trial.
Fair Labor Standards Act (FLSA) collective action and class action and demand for jury trial

2018 National Coatings Inc. lawsuit (Main)

Exhibit A – Bruce McCauley 2018 National Coatings Inc. lawsuit

Exhibit B – Timesheets 2018 National Coatings Inc. lawsuit

Exhibit C – Company CEO admits time card issues 2018 National Coatings Inc.

Exhibit D – National Coatings Recording Work Hours info

Exhibit E – National Coatings Per Diem info

Summary of claims – Plaintiffs bring this action against Defendants for:

a. Unpaid overtime pursuant to the Fair Labor Standards Act
b. Unlawful retaliation under the FLSA
c. Conversion under MCL 600.2919a
d. Breach of contract under Michigan common law;
e. Breach of implied contract under Michigan common law
f. Unjust enrichment under Michigan common law for unpaid wages

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by Plaintiffs in order to facilitate the exploitation of the Plaintiffs’ labor ,” the 21-page federal lawsuit alleges.

Upper Peninsula Projects:

Sandblasting and special coating applications to a multitude of rural water and waste water treatment facilities such as Hannahville, Arcadis, Marquette Lift Station, Marquette Board of Light and Power

Country Inn and Suites in Marquette, Houghton, Iron Mountain, and Marinette, WI

The Days Inn of Iron Mountain

Americinn in Munising

The Kewadin Casinos in St. Ignace and Sault Ste. Marie

Island Resort and Casino in Escanaba

Michigan Tech in Houghton (Library, EPPCO Bldg., Wadsworth, the Ice Arena, MTU Ballroom, Rosza Center)

Northern Michigan University in Marquette (PEIF, Magers, Meyland, Van Antwerp, and Hunt Halls, Thomas Fine Arts, Berry Events Center, student apartments

Federal lawsuit filed on Monday, Feb. 12, 2018

Class Action Lawsuit on behalf of all other employees who have worked for the company – “on behalf of themselves and others similarly situated”

Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young

Versus

National Coatings II, Inc.
d/b/a National Coatings, Inc.
Robert Forsman
Zebulon Hadley

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Anders J. Gillis (P77818)
Parker Harvey, PLC
Attorneys for Plaintiffs
901 S. Garfield Avenue
Suite 200
Traverse City, MI
49686

231-929-4878
agillis at parkerharvey.com
https://www.parkerharvey.com
https://www.facebook.com/northernmichiganlaw

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National Coatings, Inc. – Marquette office
1922 Enterprise
Marquette, MI
49855

Bob Danner, Marquette Project Manager

906-228-6873 phone
906-228-4911 fax
888-947-2558 toll free
http://www.nationalcoatings.biz
http://www.nationalcoatings.biz/portfolio_category/marquette-projects
http://www.nationalcoatings.biz/marquette-michigan
http://www.nationalcoatings.biz/category/projects/by-region/marquette-projects