Nurse Practitioners misclassified as independent contractors instead of employees are owed overtime. In a recent settlement, two health care facilities with common ownership also owe overtime to shared employees when the owner failed to add up the total hours worked by each shared employee at both facilities in the same week. Finally, this employer automatically deducted meal breaks from time worked, even when employees worked through meal breaks.
Misclassified independent contractors are owed overtime. Granite Masters Inc., a granite countertop installation company based in Suwanee, Georgia, will pay $105,020 in back wages and liquidated damages to 36 employees for violations of the overtime requirements of the Fair Labor Standards Act (FLSA). Granite Masters Inc. misclassified employees as independent contractors, paying straight time rates to overtime-eligible employees.
Crown Linen LLC – based in Orlando, Florida – will pay $60,863 in back wages to 15 employees for violations of the overtime and record keeping provisions of the Fair Labor Standards Act (FLSA).
Misclassified Managers Denied Overtime.
Crown Linen, LLC. offers commercial laundry services to hotel clients. The employer incorrectly considered two groups of employees as exempt from the overtime requirements as managers under the FLSA. This misclassification of the jobs as overtime exempt resulted in the employer paying flat weekly salaries without regard to the number of hours worked. This practice resulted in violations when these employees worked more than 40 hours per week and were not paid overtime. The employer also failed to maintain required records of the number of hours employees worked.
Employees not paid overtime because they are miss-classified as “managers” may be owed substantial amounts of overtime.