First Energy Corp. Facing Former Field Agent’s Unpaid Overtime Claims

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First Energy Corp. is on the receiving end of a proposed class and collective action filed by a former employee who claims the defendant misclassified its workers as independent contractors and denied them overtime wages. The plaintiff allegedly worked for the energy company as a field agent and was paid a daily rate that didn’t include time-and-a-half overtime wages for hours she worked over 40 each week. She argues that she and other field agents should have been considered employees who qualified for overtime pay because their employer exercised control over “all the significant or meaningful aspects” of their job duties, including their hours, the locations they worked, the equipment they used, the procedures they followed, and their rates of pay. The plaintiff further argues that her position required no specialized training and that she was not permitted to work for other companies while working for the defendant. As a result, the suit claims, the plaintiff and other field agents are owed unpaid overtime wages.