PORTLAND — A former sheet metal worker for a Lufthansa unit brought a putative class action against the company for misclassification and failure to pay overtime wages. Lufthansa Technik North America Holding Corp., a Deutsche Lufthansa AG unit, and Global Aircraft Service Inc., allegedly incorrectly classified sheet metal workers as independent contractors and violated both the Fair Labor Standards Act (FLSA) and Maine state labor law. The lawsuit seeks to represent about 40 current and former employees who were misclassified and denied overtime while working on the companies’ restoration project.
The Workers’ Claims
Christopher Venegas, a former sheet metal worker for Global Aircraft, briefly worked on a Lufthansa Technik World War II airplane restoration project. Lufthansa had subcontracted with Global Aircraft on the project for sheet metal workers. During the three months he worked on the project, Venegas claims he was wrongfully classified as an independent contractor. Furthermore, his responsibilities often resulted in Venegas working more than 60 hours a week. Yet, despite working well over 40 hours a week, Venegas claims he and others similarly situated steel metal workers only received straight time, or their regular hourly pay rate, for the extra hours they worked, if they received anything at all.
In his lawsuit, Venegas claims both companies knew the sheet metal workers were nonexempt employees and not independent contractors. Venegas claims the way the Global Aircraft treated the sheet metal workers makes it obvious that they were employees. In support of his claim, Venegas told the court that the company strictly controlled the workers’ schedules, provided housing or a housing allowance for the workers, provided uniforms and tools, and assigned the workers FLSA-defined nonexempt duties. All of these actions appear to be ones an employer would take for an employee, not for an independent contractor.
Classifying An Independent Contractor
Employers should evaluate each employee to determine whether they are nonexempt, exempt, or an independent contractor. While the responsibility primarily falls on the employer, the contractor, if the employer is a subcontractor, and the employee, may also be required to evaluate the classification. Contractors, in this case Lufthansa, are responsible for ensuring or at least encouraging subcontractors to comply with state and federal laws. Employees can also evaluate their classification if they believe it is incorrect. State and federal labor departments provide information regarding classifications and the rights attached to them, and may be able to provide individual assistance. In some situations, the misclassified employee may be the first, best, or only person to raise the issue.
If you believe you or someone you know has been misclassified as an independent contractor or has been denied proper overtime wages, contact our top-rated team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. 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.