Topps Towing, Inc. and one individual owner are on the receiving end of a proposed collective action alleging labor law violations. The plaintiff, who was employed as a driver by the defendants from October 2017 through January 2018, alleges that he fell victim to a “compensation scheme” by the defendants that deprived him of lawful minimum and overtime wages.
The defendants allegedly misclassified the plaintiff as an independent contractor to avoid paying him proper wages. “…Plaintiff’s compensation was comprised solely of twenty-five (25%) percent of the revenue earned by Defendants for each call that he responded to,” the complaint reads.
The lawsuit alleges that despite working over 40 hours most workweeks, the plaintiff did not receive time-and-a-half overtime pay due to his misclassification as an independent contractor. Furthermore, the suit claims the plaintiff was deprived of lawful minimum wage in at least one workweek.