A recent lawsuit alleges that a company providing medical equipment systematically failed to pay its hourly workers the full amount owed for overtime work, raising questions about payroll practices that could affect many current and former employees. The complaint was filed by Michael Dukeshire on April 1, 2026, in the United States District Court for the Eastern District of Michigan against IRB Medical Equipment, LLC, which does business as Hart Medical Equipment.
According to the filing, Dukeshire brings the case on behalf of himself and other similarly situated employees who worked as non-exempt hourly staff at IRB within the past three years. The central claim is that IRB violated the Fair Labor Standards Act (FLSA) by not including certain forms of additional compensation—such as delivery premiums and on-call pay—in the regular rate used to calculate overtime wages. The complaint states: “IRB systematically failed to pay Dukeshire and other similarly situated employees their full overtime wages. Specifically, IRB violated and continues to violate the Fair Labor Standards Act (‘FLSA’) by failing to include non-discretionary and other non-excludable remuneration…in the regular rate of pay when calculating overtime.”
The document outlines that Dukeshire was hired by IRB on July 1, 2021, as a medical equipment technician in Fremont, Ohio. He regularly worked more than forty hours per week and received a base hourly wage along with various forms of extra compensation. For example, during several pay periods in early 2025, Dukeshire received regular wages at $17.73 per hour, overtime at $26.595 per hour, plus amounts labeled as “Delivery Prem” and “On Call Pay.” However, he alleges that these additional payments were not factored into his regular rate when calculating his overtime premium.
The complaint details specific payroll records from February and March 2025 showing repeated instances where delivery premiums and on-call payments were made but not included in determining his correct overtime rate. It further asserts that this practice was not unique to Dukeshire but was applied company-wide: “IRB did not single Dukeshire out for different treatment. IRB used that same payroll calculation method as a company payroll practice for non-exempt hourly employees who received additional remuneration and worked more than forty hours in a workweek.” According to Dukeshire’s legal team, this approach resulted in underpayment of overtime whenever an employee earned extra compensation during weeks with more than forty hours worked.
The suit argues that these alleged actions violate Section 207 of the FLSA because employers are required to include all non-excludable remuneration when determining an employee’s regular rate for purposes of calculating time-and-a-half pay for overtime hours. The complaint states: “IRB paid Dukeshire and similarly situated hourly employees additional remuneration…and used a uniform payroll calculation method that excluded that additional remuneration from the regular rate when it calculated overtime.” It also contends that any employment agreement attempting to shorten the period allowed for bringing such claims or restricting collective action rights is invalid under established law.
Dukeshire seeks certification of this case as a collective action under federal law so other affected employees can join by filing consent forms with the court. He requests several remedies including unpaid overtime compensation for himself and all similarly situated workers; an equal amount as liquidated damages; pre-judgment and post-judgment interest; reasonable attorneys’ fees; costs; equitable tolling of statutes of limitations; notice issuance to potential class members; and any further relief deemed appropriate by the court.
The attorney representing Michael Dukeshire is Chris P. Wido from Spitz, The Employee’s Attorney based in Independence, Ohio. A jury trial has been demanded by the plaintiff. The case identification number is 2:26-cv-11075-LJM-KGA.
Source: 226cv11075_Michael_Dukeshire_v_IRB_Medical_Complaint_Eastern_District_of_Michigan.pdf
