DGD Transport Slammed with Unpaid OT Lawsuit

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A proposed class action out of Florida claims DGD Transport, L.L.C. failed to pay workers proper minimum and overtime wages under the Fair Labor Standards Act (FLSA). Specifically, the lawsuit claims the defendants unlawfully misclassified proposed class members as independent contractors as a means to avoid paying mandatory time-and-a-half overtime wages.

The 13-page complaint attempts to outline a clear, unambiguous employer-employee relationship between the plaintiff and defendant. The plaintiff claims he did not supervise two or more employees, have the ability to negotiate his rate of pay, or deviate from the defendant’s policies and procedures. When an employer exercises this level of control over almost every aspect of an employee’s work day, the lawsuit argues, the worker should receive the benefits the FLSA affords to non-exempt individuals.