FOR IMMEDIATE RELEASE
February 1, 2016
Kraemer, Manes & Associates LLC “KM&A” has filed a complaint against American Air Liquide Holdings, Inc. in Federal District Court, for the Eastern District of Pennsylvania.
The complaint alleges that Plaintiff, Joseph Brackin, was denied on-call compensation. Mr. Brackin worked for American Air Liquide Holdings, Inc. for over thirty years as a Field Service Technician operating out of his residence in Chester County, Pennsylvania. Mr. Brackin attended to clients in Pennsylvania, Delaware, Maryland, the District of Columbia, and the northern area of the Commonwealth of Virginia. He was on-call for all hours that he was not on vacation or some other approved leave from work. As a Field Service Technician, Mr. Brackin was required to travel to client businesses and service American Air Liquide units, which for the most part stored liquid air (e.g. Nitrogen, Oxygen, etc.) As a level 4 Field Service Technician, Mr. Brackin could service most any American Air Liquide unit.
The rigors of being on-call all hours of the day, however, had a significantly restricting affect on Mr. Brackin’s ability to freely use his on-call time. At any moment, Mr. Brackin potential was to be called for a trip as far away as northern Virginia. This significantly restricted Mr. Brackin’s ability to use his free time. The on-call time also extensively damaged his personal life. Mr. Brackin was required at all times to have an American Air Liquide beeper or cellphone, was required to use an American Air Liquide vehicle (but never for personal reasons), and be on-call to service units. Eventually, the rigors of the on-call time forced Mr. Brackin to retire, and quit early. American Air Liquide forged its name off Mr. Brackin’s back, and the backs of other Field Service Technicians, who were expected to service large geographic areas and be on-call at all times. The lawsuit has the potential for class action involvement.
Full text of this complaint, as filed, is available on the electronic docketing website for the Eastern District of Pennsylvania, https://ecf.paed.uscourts.gov/cgi-bin/iquery.pl, Docket no: 2:15-cv-04945-GEKP..
Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.
For more information about this case, contact Christopher J. DelGaizo, Esquire at (610) 844-1779 or at cd@lawkm.com.
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