Owed Overtime: It Depends On If You Are An Employee Or Not

overtime Seven technicians sued DIRECTV alleging that they are joint employees of DIRECTV and its service provider, Multiband, under the Fair Labor Standards Act (FLSA). They routinely worked more than 40 hours a week, but were not paid the overtime as required for employees.

DIRECTV manages its provider network. Agreements with providers are nearly identical and require the technicians to wear DIRECTV gear, carry a DIRECTV identification card, and drive vehicles with the DIRECTV insignia on them when they travel to customers’ homes. They provide the technicians with their work orders, and the technicians report on the progress of their equipment installation and repairs during the workday.

But there are a number of tasks they are not paid for, including assembling satellite dishes, traveling between assignments, and other tasks associated with installation and repairs.

The technicians argued that DIRECTV is their employer because it exercises control over them through the provider network. Their compensation for all hours they work fall below the minimum wage because they routinely work more than 40 hours a week but are not paid the overtime as required by law for employees.

DIRECTV tried to dismiss their suit, but the federal court in Concord said the case would be heard.

If you feel you are owed overtime it is important to contact one of our employment law attorneys at Douglas, Leonard & Garvey, P.C.    Call us at 1-800-240-1988 or fill out our online contact form.

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