Delaware Electrician Challenges Overtime Pay Based on Job Reclassification

In the case of Harper v. Kriss Contracting, Inc., William Harper filed a lawsuit against Veronica and Kathleen Kriss, owners of Kriss Contracting (Kriss). The lawsuit alleged that Harper was not properly compensated for overtime hours worked during his employment with the company.

Harper worked on and off for the company and was initially hired as an electrician. Kriss argued that he was later reclassified as an equipment operator. They maintained records of hours worked, including timesheets and payroll summaries, categorized by the type of work performed. Kriss claimed that these records complied with Delaware and federal laws.

The court examined the evidence presented by both Kriss and Harper. Kriss provided time reports and pay stubs that showed Harper was paid at the statutory rate of 1.5 times his regular rate for overtime hours worked. They further argued that there was no genuine dispute that they correctly classified and compensated Harper for his work. Harper argued that he should have been classified as an electrician for all his hours worked. However, he failed to provide specific record evidence to support his claims of misclassification or inadequate compensation.

The court determined that Kriss had met their burden of showing no genuine dispute as to any material fact. They properly classified Harper’s hours according to the type of work he performed and paid him at the required rate for overtime hours. As a result, the court granted Kriss’ motion for summary judgment and dismissed Harper’s claims.

Key lessons from this case:
  • Employers must maintain accurate records of the hours worked by their employees, including work logs, timesheets, and payroll summaries.
  • Employees have the responsibility to provide evidence and prove the existence of a genuine dispute if they believe their hours have been misclassified.
  • Employers may hire employees for multiple types of work with different hourly rates, and they must ensure that they pay the appropriate rate for each type of work performed during overtime hours.

If you want to know more about overtime regulations, read our guide on Delaware Overtime Laws.

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