Lawsuit Against ABP Aventura Packed with Potential Wage and Hour Violations

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ABP Aventura, Inc. and two individual owners are facing a former employee’s claims that the moving services company classified its workers as independent contractors in an effort to avoid paying them overtime wages. The man alleges he was responsible for, among other non-exempt duties, loading and driving box trucks, customer service, reviewing paperwork with customers, and collecting payments. He says he worked between 50 and 70 hours per week but wasn’t paid premium overtime wages for the hours he worked above 40.

The case argues that the defendants misclassified the plaintiff as an independent contractor instead of an employee despite exercising “direct and extensive control over the manner in which and times at which [the plaintiff] was required to perform work.” The plaintiff claims the defendants’ alleged misclassification has caused him to lose $12,474.62 in unpaid overtime wages.

The lawsuit further accuses the defendants of tax fraud, claiming they issued fraudulent tax return forms to the government that classified the plaintiff as a contractor and failed to make proper tax payments on the plaintiff’s behalf.