HOUSTON — OneSource Building Technologies, Inc. is facing a potential collective action overtime pay lawsuit in Texas federal court. The lawsuit, brought by a former field technician, claims the company violated the Fair Labor Standards Act (FLSA) when it misclassified its field technicians as independent contractors, instead of as employees. OneSource also allegedly failed to pay proper overtime wages when the field technicians worked more than 40 hours a week.
Blair Salley, the former field technician who filed the lawsuit, is seeking liquidated damages and unpaid overtime wages for himself and other similarly situated current and former field technicians who have worked for OneSource in the last three years. Salley claims OneSource frequently gave the field technicians work assignments which required the field technicians to work more than 40 hours a week to complete them, but never paid the technicians overtime for their extra hours. Furthermore, OneSource allegedly only paid the field technicians straight time wages for all of the hours they worked, including for overtime work.
If Salley and the other field technicians were properly classified as independent contractors, then OneSource would not be required to provide overtime wages. But if the field technicians were misclassified and were actually employees they would be entitled to time and a half for their overtime hours. In Salley’s claim, he alleges OneSource exercised sufficient control over the field technicians and their work for the field technicians to be employees, not independent contractors. Salley claims that the company dictated how the field technicians reported their hours, the number of hours they worked, the way they completed their work, and where their work assignments were located. It would appear, if the allegations are proven, that OneSource did exercise control at a level consistent with an employer and the field technicians were misclassified as independent contractors.
Salley is seeking both unpaid overtime wages and liquidated damages. Liquidated damages are usually included in a provision in contracts, but can be awarded by the court in other circumstances. Liquidated damages are used in instances where the actual amount of damages is hard or near impossible to prove. The court will likely only award liquidated damages if the amount and the damages are not intended as a penalty, or punitive, on the party who is in violation of the agreement. Whether you are seeking damages specifically related to back pay or if you believe there are more damages which need addressing, a dedicated overtime pay lawyer can help you address your concerns.
If you employer has denied the wages and overtime pay you have earned or you believe you have been misclassified as an independent contractor, call our top-rated team of overtime pay lawyers to discuss your options today at (855) 754-2795. Or our experienced legal team can evaluate your situation when you complete the Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.