Maryland Federal Court Conditionally Certifies Collective Action Against Baltimore Construction Contractor Over "Two-Check" Overtime Scheme
The U.S. District Court for the District of Maryland has conditionally certified a collective action brought by construction workers against J.A. Argetakis Contracting Co., a Maryland-based interior finishing contractor, and its owner, Andronikos Argetakis.
The named plaintiffs worked as finishers, mechanical carpenters, and painters on publicly funded construction projects at J.A. Argetakis job sites in Maryland and Delaware.
According to their sworn declarations, Argetakis required the workers to work more than 40 hours a week, with some attesting that they frequently worked 48 hours or more. The workers allege that J.A. Argetakis used a two-check scheme to avoid paying the overtime it owed them. Under this scheme, workers say they received one paycheck for their first 40 hours of work, with taxes withheld, and a separate, second check — often for exactly $104 — that was not subject to withholding and fell far short of the overtime and fringe benefits they actually deserved. In support of their motion, the workers submitted declarations along with corroborating paystubs and timesheets documenting hours worked and the shortfall in pay. The workers also attested that they knew of roughly 50 other current and former J.A. Argetakis construction workers who were treated similarly.
The Court found this evidence sufficient to conditionally certify a collective of all non-supervisory construction workers employed at J.A. Argetakis job sites in Maryland and Delaware since November 2022. The lawsuit asserts claims under the Fair Labor Standards Act and Maryland and Delaware prevailing-wage and wage-payment laws.
Mark Hanna and George R. Murphy Law Fellow Julia Eger represent the plaintiffs.