Lawsuit: Keypoint Government Solutions 'Willfully' Misclassified Workers

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Keypoint Government Solutions, Inc. allegedly “willfully” misclassified individuals working as investigators as independent contractors, rather than as employees, as a means of skirting the payment of overtime wages, a proposed collective action alleges.

According to the 22-page complaint, the defendant’s investigators perform background checks that are integral to the company’s business “as a provider of background checks to the federal government.” For this work, proposed collective members routinely put in more than 40 hours per week, with additional time spent writing reports to submit to the federal government under deadline.

The plaintiff summarily argues that the defendant “treats the investigators as employees in every material respect,” save for its practice of improperly classifying the workers as exempt from rightful time-and-a-half overtime pay. Curiously, while the plaintiff and numerous others were allegedly classified as independent contractors, the defendant simultaneously classified another subset of investigators with similar responsibilities as employees, the case says.