Former Employees Sue Diamond Reconstruction for Unpaid O.T.

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Diamond Reconstruction of Tampa Bay, LLC, an affiliated company, and two supervisors are the defendants in a proposed class action filed by former employees who claim they were misclassified as independent contractors and denied overtime wages. The plaintiffs allegedly worked for Diamond as manual laborers and were forced to sign contracts that detailed their rates of pay, their required availability, and various “supervisory requirements,” as specified by their employer. Since the defendants supposedly maintained so much control over their work, the plaintiffs argue that they should be treated as employees rather than independent contractors. According to the suit, the company misclassified them in an attempt to avoid providing its employees with the protections afforded to them under the Fair Labor Standards Act, such as overtime wages. Additionally, this misclassification “resulted in substantial cost savings to Defendant (due to its not having to pay employment taxes) and gave Defendant an unfair competitive advantage over its competitors,” the complaint argues.

The suit seeks injunctive relief against Diamond and monetary relief (including unpaid overtime wages) for proposed class members.