PORTLAND, Maine — Three truck drivers for Oakhurst Dairy have initiated a lawsuit against the company’s past and new owner, seeking unpaid overtime wages for themselves and other drivers.
Jeff Young, an Augusta attorney representing the drivers, said the lawsuit filed Monday in U.S. District Court aims to reclaim overtime pay and collect damages and interest for more than 50 of the company’s drivers.
Under state law, the drivers will pursue a class action. If certified by the court, a class action in the case would allow a ruling to apply to any people who did a similar job in the past six years for Oakhurst or the cooperative Dairy Farmers of America, which purchased Oakhurst in January.
“There’s a six-year statute of limitations in these cases, and so the sooner you can file, the better,” Young said.
The plaintiffs — Christopher O’Connor of Brunswick, Kevin O’Connor of Winslow and James Adam Cox of Brunswick — all allege they regularly worked more than 40 hours for the company and were not paid 1.5 times their regular wage for those hours. Christopher O’Connor is the only plaintiff identified as a current employee in the lawsuit.
Under federal labor laws, the drivers will pursue a collective action that would cover any time in the past two years, or up to three if the company is found to have willfully not paid appropriate overtime rates.
A company representative was not available for comment Tuesday. Young said he did not know if the company had received a summons from the court.