On July 28, 2011, Plaintiffs Jermaine Banks and Amadeus Marria filed an action against R. Communications Inc. (d/b/a R2R Communications) in the United States District Court for the Northern District of Georgia to recover overtime pay for themselves and others similarly situated. The Complaint alleges that both individuals, who were first classified as "independent contractors" and later as employees for R. Communications, were not paid proper overtime pay for their overtime hours worked as installation technicians. R. Communications contracts with digital network operators such as Comcast to provide installation services.
The case alleges violations of the federal Fair Labor Standards Act and was filed on behalf of other current and former installation technicians who worked for R. Communications. Plaintiffs Banks and Marria allege that installation technicians were not paid properly for the overtime hours they worked due to the piece-rate payment scheme the company used to compensate its technicians. They also assert that they and other technicians should have been classified as "employees" rather than "independent contractors" because R. Communications exercised substantial control over their work.
Plaintiffs? attorney Charles Frohman stated, "Failure to pay installers proper overtime pay seems to be a problem in the cable and satellite television installation industry. These technicians work a lot of hours, and are often only paid on a piece-rate (per job) basis for each job they complete. When they work overtime hours, they are not paid correctly. We intend to help them recover the overtime wages they are due."
Plaintiffs are represented by Michele R. Fisher and Charles G. Frohman from Nichols Kaster, PLLP, in Minneapolis, Minnesota, and John T. Sparks from the Austin & Sparks, P.C. law firm in Atlanta, Georgia.
The case is entitled Banks, et al. v. R. Communications Inc., et al., Court File No. 1:11-cv-02467-TWT (N.D. Georgia).
Individuals may find additional information at http://www.nka.com or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.
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