Ex-worker sues Shamokin roofing firm; president defends

WILLIAMSPORT - A Shamokin roofing company has been named as a defendant in a federal lawsuit brought by a former employee.

The suit, filed Tuesday in U.S. Middle District Court in Williamsport by Jason Deitz, of Shamokin, claims Budget Renovation and Roofing Inc. failed to pay overtime and did not list the correct number of hours worked on pay stubs, which would be violations of the federal Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

According to the complaint, the offenses occurred between April 17, 2009, and October 2011 while Deitz was working as a roofer. He had held the job since 2004. During that time period, Deitz said Budget employed 40 people who were paid an hourly wage. The plaintiff hopes to makes his case a collective action involving other employees.

Deitz said weekly pay stubs failed to list either the number of hours worked during the week or the hourly rates.

Contacted for comment about the suit, James Searls, president of Budget Renovation and Roofing, said Wednesday the jobs Deitz refers to include "rate jobs" where employees get paid a specific price for the work. The time sheets that show the number of hours worked are kept in the office, he said.

Deitz claims in his suit that he and the other workers regularly worked more than 40 hours per week, and estimated that he generally worked between 50 to 70 hours during a typical week.

Deitz questioned Searls on being paid overtime wages, to no satisfaction, according to the affidavit.

"In fact, on at least three occasions, Searls personally informed (Deitz) that (Budget) generally did not pay the overtime premium compensation," the affidavit reads.

Deitz believes he and other workers were not paid any compensation for many of their work hours, but "due to Budget's illegal failure to provide him and other workers with contemporaneous timekeeping and payroll data, the particulars of this allegation must await discovery."

Searls said he is aware of the suit and has legal representation working on it. He accused Deitz of "falsifying unemployment records and collecting illegally."

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Ex-worker sues Shamokin roofing firm; president defends