On November 21, 2011, Riggan Law Firm, LLC, a Missouri overtime law firm, working in connection with the Law Offices of Kevin J. Dolley, filed a class action lawsuitagainst Integrity Communications, LLC, a Sikeston, Missouri-based company that performs installation of cable, internet, and phone service for major U.S. cable companies such as Charter Communications, New Wave Communications, Mediacom, and others. The lawsuit was filed on behalf of cable installers who have worked for Integrity and allege that they were illegally misclassified as "independent contrators"and thus unlawfully denied minimum wage and overtime pay, as well as other benefits that the law requires to be paid to employees.
The lawsuit contains class/collective action claims alleging violations of the Fair Labor Standards Act, the Missouri Minimum Wage Law, as well as claims for unpaid wages under Missouri common law. Employers often misclassify their employees in an effort to avoid their legal obligations under laws relating to wages, unemployment compensation, workers' compensation, and payroll taxes. If a worker meets the legal test for being an employee (versus an independent contractor), then an employer must comply with all applicable legal requirements for treating that worker as an employee, irrespective of the fact that the employer and/or the worker may deem the worker to be an independent contractor. A determination by a Court or administrative agency that an employer has misclassified onr or more workers as an independent contractor can have significant financial impact on an employer's financial liability, requiring the employer to pay, among other things, additional wages owed to the worker(s).
Further, the lawsuit alleges a class action claim for violation of the Employee Retirement Income Security Act because the cable installers, as so-called "independent contractors," were denied the right to participate in Integrity's employee welfare benefit plans, such as the health insurance plan.
To read a copy of the lawsuit, click here.
If you are treated as an independent contractor, you may be legally entitled to additional wages and/or other benefits of employment. For more information, contact a Missouri overtime lawyer.