‘Misclassified’ Employee Seeks Allegedly Unpaid OT From Claborn’s Elite Lawns

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Landscaping company Claborn’s Elite Lawns, LLC and two individuals with control of the business are facing a former employee’s proposed collective action in which he seeks to recover allegedly unpaid overtime wages.

The suit claims the plaintiff and similarly situated employees were misclassified as independent contractors exempt from overtime provisions of the Fair Labor Standards Act (FLSA). As a result, the plaintiff, who worked as an hourly paid laborer for the defendants from May to September 2018, claims he put in an average of 50 hours each week without proper time-and-a-half overtime pay.

“Virtually every job function was pre-determined by Defendants, including how to perform the tasks set by Defendants, the schedule of work, and related work duties,” the suit reads, arguing that the plaintiff should have been designated as an employee under the FLSA.