DALLAS — A fitness camp trainer for Texas-based Camp Gladiator recently filed an unpaid overtime class action lawsuit against her former employer alleging willful violations of the Fair Labor Standards Act and Texas wage laws.
Should the court overseeing the case grant the lawsuit class action status, other similarly affected plaintiffs could join the claim to collect their own back overtime wages.
To become a full-time primary trainer, prospective employer must first apply in writing and then pass a series of assigned tasks which include the creation of business and workout plans, attendance at meetings, and preparing a sales plan. The program can take anywhere from six to 10 weeks, during which time individuals are classified as unpaid interns, according to the lawsuit.
The plaintiff claims the practice do not meet federal standards for individuals who may be classified as unpaid interns and therefore should be treated as wage earning employees. The Department of Labor applies a six-factor test for unpaid internships, which includes:
- The internship is similar to training which would be given in an educational environment
- The experience is for the benefit of the intern
- The intern does not displace regular employees, but works under close supervision of existing staff
- The employer providing the training derives no immediate advantage from the activities of the intern
- Interns are not necessarily entitled to a job at the conclusion of the internship
- The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship
Federal Payroll Recordkeeping Laws
The lawsuit further claims primary trainers were improperly classified as independent contractors, making them ineligible to receive overtime payments. The plaintiff claims she and other primary trainers were not paid overtime for time spent working over 40-hours and their hours spent on the job were not recorded.
Like unpaid internships, the Internal Revenue Service (IRS) and the Department of Labor require workers meet certain criteria to be classified as independent contractors. This is known as the IRS 21-factor test for independent contractors.
Class Action Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.