Owners of the now defunct 1st National Leasing Inc. were held liable for minimum wage and overtime violations for telemarketing employees who were misclassified as independent contractors
The DOL complaint filed in federal court alleged that the company had misclassified several FLSA-covered employees as independent contractors. The employees were therefore denied the minimum wage and overtime compensation guaranteed them under the FLSA. The employers also failed to maintain FLSA-required time and payroll records of employees’ wages, work hours and other conditions of employment. The consent judgment resolved a U.S. DOL lawsuit that alleged violations of the federal Fair Labor Standards Act’s minimum wage, overtime pay and record-keeping provisions.
Under the FLSA, an employment relationship must be distinguished from a strictly contractual one where there is an independent contractor relationship. In the application of the FLSA, an employee – as distinguished from a person who is engaged in a business of his or her own – is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business/employer that he or she serves.
Solis v 1st National Leasing Inc
Court Name: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION
Case No. 8:10-cv-00764-VMC-TGW
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If you are a telemarketing or call center worker and have been the victim of wage theft by your employer you should consult with an attorney to see if you have any claims.
This post is intended to provide you with information about overtime and wage cases filed throughout the country by other law firms and the government. It serves to give you an idea of the types of issues which are currently being litigated by employment lawyers as well as those which have been “settled.”
As a courtesy to you, we are providing the court name, case number and date filed to facilitate your search for it on the federal PACER website. Current information regarding case status, parties and attorneys is available on PACER to anyone who opens an account with them.
Please also note that some cases we report on were initiated by the Department of Labor and then settled without having been filed in Federal Court and thus will not be available on the PACER website. For these cases we generally provide a brief summary of the findings and results.
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