Digital Forensics Corporation Facing Worker Misclassification, Unpaid OT Lawsuit

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Digital Forensics Corporation, LLC is staring down a proposed collective action in which the plaintiff alleges the company misclassified inside sales agents as exempt from overtime pay.

The case states the plaintiff worked full time cold calling and emailing potential customers for the digital investigation and data recovery company from December 2017 through August 2018. According to the plaintiff, the defendant, rather than pay inside sales agents time-and-a-half overtime wages for hours worked past 40 every week, misclassified the workers as exempt from OT pay. More specifically, inside sales agents were allegedly paid based on a $40,000 annual salary “draw” structure, which the lawsuit explains guaranteed members of the proposed collective, depending on which was greater, a base salary of $40,000 or commissions based on weekly sales numbers.

“[The defendant] paid [the plaintiff] in this manner regardless of how many hours he worked in a given workweek,” the suit reads.

The suit goes on to claim that for roughly the first 90 days of the plaintiff’s employment, the man was classified by the defendant as an independent contractor rather than as an employee. All told, the plaintiff says that he worked anywhere from five to 25 hours of overtime in a given workweek without time-and-a-half pay.