Adaptive Enterprises, Two Individuals Named in FLSA Lawsuit
Last Updated on May 8, 2018
McCoy et al v. Adaptive Enterprises, LLC et al
Filed: March 24, 2017 ◆§ 1:17-cv-00054-GNS
A proposed class and collective action filed in Kentucky alleges Adaptive Enterprises, LLC and two individuals violated the Fair Labor Standards Act (FLSA).
A proposed class and collective action filed in Kentucky alleges Adaptive Enterprises, LLC and two individuals violated the Fair Labor Standards Act (FLSA) by failing to pay van drivers proper wages for all hours worked. Filed by two named plaintiffs, the case claims the defendants’ wage scheme—in which proposed class/collective members were allegedly improperly classified as independent contractors—was designed to:
- Deprive workers of their rightful—and mandatory—minimum and overtime wages
- Deprive employees of workers’ compensation protection, which Kentucky law mandates employers provide
- Avoid paying Social Security and Medicare taxes
- Avoid paying federal and state unemployment insurance contributions
The case argues that a clear employer-employee relationship existed between the plaintiffs and the defendants—a company that provides transportation services for Medicare and Medicaid patients—since the latter controlled almost every facet of proposed class/collective members’ work lives.
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