The plaintiff in a lawsuit filed against S1 Security Group Inc. and its owner claims the parties unlawfully misclassified employees as independent contractors and thus owe unpaid minimum and overtime wages.
The lawsuit says the plaintiff worked for the defendants from August 2015 through May 2018, during which the man put in overtime hours in approximately 126 weeks. According to the complaint, the plaintiff should have been considered a Fair Labor Standards Act-protected employee in that he:
- Worked full time on a pre-set, regular schedule;
- Worked more than 56 hours per week for more than 132 weeks;
- Did not hold any other job during his time with S1 Security Group;
- Was under the defendants’ absolute control during his work hours;
- Had no discretion to refuse work assignments;
- Was required to wear a uniform; and
- Performed his work entirely at the defendants’ facilities.
Though the plaintiff worked as a security guard at different locations, he was required to report every day to the defendants’ Miami offices, the lawsuit notes. The plaintiff reportedly worked a minimum of 56 hours per week without time-and-a-half overtime pay.
The case rounds out by claiming the plaintiff complained about the supposed lack of overtime pay in late-March 2018 and was fired in early May for a “pretextual reason.”