Unpaid Wages Lawsuit Investigation: Avalon Flooring
Last Updated on May 1, 2020
Investigation Complete
Attorneys working with ClassAction.org have finished their investigation into this matter.
Check back for any potential updates and take a look at our open investigations here. The information on this page is for reference only.
At A Glance
- This Alert Affects:
- Installers for Avalon Flooring.
- What's Going On?
- ClassAction.org has reason to believe Avalon Flooring may be misclassifying its installers as independent contractors, cheating them out of overtime pay and forcing them to pay for gas, equipment, and other expenses.
- What You Can Do:
- If you worked as an installer for Avalon Flooring, fill out the form on this page. After getting in touch, one of the attorneys we work with may reach out to you to learn more about how you're being paid and to explain how you may be able to help start a lawsuit.
ClassAction.org wants to hear from anyone who worked as an independent contractor at Avalon Flooring.
We have reason to believe the company may be calling its flooring installers “independent contractors” when they’re actually employees who are entitled to overtime pay and other benefits. It is also believed that Avalon may be illegally requiring its flooring installers pay for their own business expenses, including gas, equipment and driving costs, as a result of this misclassification.
Why Should I Care That I Could Have Been Misclassified?
Employees are entitled to certain benefits – including overtime pay – that independent contractors are not. While some companies may unintentionally misclassify their workers as independent contractors, there is a strong financial incentive for businesses to call someone a contractor rather than an employee.
Companies that hire independent contractors don’t have to pay overtime wages and aren’t held to minimum wage requirements.
They also don’t have to pay:
- Social Security taxes
- Workers’ compensation insurance
- Unemployment taxes
- Medicare taxes
While it’s perfectly legal to hire independent contractors, the company must ensure that the worker is truly an independent contractor and not an employee under federal labor law. If the company fails to do so, they can get in trouble with the law – and potentially face lawsuits from their workers.
How Do I Know If Whether I’m an Employee or Independent Contractor?
The Department of Labor (DOL) has come out and said that most workers are employees under federal labor law. If you’re still questioning whether you’re a contractor or employee, the DOL asks that you consider whether you’re economically dependent on the company you work for or if you’re in business for yourself. If you’re in business for yourself, you’re more likely to be a contractor. If you’re economically dependent on the company, you’re more likely to be an employee.
Courts also take into consideration the amount of control the company has over the worker. The more control the company has, the less likely it is that the worker is an independent contractor. So, if your employer is controlling how you dress, your work schedule or the tasks you perform, you may be an employee – not a contractor.
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