Texan cable installer sues over alleged FLSA overtime violation
A Texan cable installer recently filed a lawsuit against his former employer, alleging that the company deliberately misclassified him to avoid paying him extra for his overtime employee attendance, according to the Southeast Texas Record.
Tom Kirk, who worked for Integral Development Solutions between February 2007 and October 2009, claims he was paid on a piece-rate basis and denied overtime despite routinely working more than 40 hours per week. The suit accuses the company, as well as three of its officers or directors, of violating the Fair Labor Standards Act by failing to pay him regular rates of pay for all hours worked and neglecting to provide overtime compensation.
Earlier this year, IDS agreed to pay nearly $271,000 to 114 cable installers following an investigation by the United States Department of Labor's Wage and Hour Division.
“Misclassifying employees as independent contractors is no mere technical violation," Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest, said at the time. "It is an evasive practice that causes hardworking Americans to lose out on wages they rightfully earned and places law-abiding employers at a competitive disadvantage they cannot afford."
Kirk is seeking reimbursement of unpaid wages and overtime back pay, liquidated damages, attorney's fees and interest, the news source reports.
Tom Kirk, who worked for Integral Development Solutions between February 2007 and October 2009, claims he was paid on a piece-rate basis and denied overtime despite routinely working more than 40 hours per week. The suit accuses the company, as well as three of its officers or directors, of violating the Fair Labor Standards Act by failing to pay him regular rates of pay for all hours worked and neglecting to provide overtime compensation.
Earlier this year, IDS agreed to pay nearly $271,000 to 114 cable installers following an investigation by the United States Department of Labor's Wage and Hour Division.
“Misclassifying employees as independent contractors is no mere technical violation," Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest, said at the time. "It is an evasive practice that causes hardworking Americans to lose out on wages they rightfully earned and places law-abiding employers at a competitive disadvantage they cannot afford."
Kirk is seeking reimbursement of unpaid wages and overtime back pay, liquidated damages, attorney's fees and interest, the news source reports.
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