From JDSupra, Richard Reibstein reports in the January 2018 Independent Contractor Misclassification and Compliance News Update that a federal court has certified construction workers in a case alleging they were misclassified as independent contractors. Richard writes:
LOUISIANA COURT CONDITIONALLY CERTIFIES CLASS OF CONSTRUCTION WORKERS IN IC MISCLASSIFICATION CASE. A Louisiana federal court has granted a motion to conditionally certify the collective claims of construction workers against a construction company, Tasch, LLC, alleging overtime violations under the FLSA based on Tasch’s alleged misclassification of the workers as independent contractors. The plaintiffs alleged that the company classified them as independent contractors, yet directed, monitored, supervised, and evaluated the laborers’ work and set their schedules, work hours, and rates of pay. In determining whether other construction workers are similarly situated to the proposed class, the court granted the workers’ motion, concluding that the plaintiffs had presented substantial allegations that they and the other putative class members were victims of the company’s alleged policy of improperly classifying construction workers as independent contractors and not paying them any overtime compensation. Lemons v. Tasch, LLC, No. 17-7212 (E.D. La. Jan. 24, 2018).
Read the full story at January 2018 Independent Contractor Misclassification and Compliance News Update