Lawsuit: Misclassified Employee Claims Buckeye Transport Services Owes OT Pay

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Buckeye Transplant Services, LLC and two individual owners are facing a former employee’s claims that they failed to pay her proper overtime wages for the hours she worked in excess of 40 each week. According to the suit, the defendants classified the plaintiff and other transport coordinators as independent contractors exempt from receiving overtime pay. The plaintiff argues, however, that she should have been considered an employee eligible for overtime due to the level of control the defendants maintained over her job. Specifically, she says the company specified her wage rate, her schedule, the tools she used, and the policies and procedures she followed.

The suit seeks to recover allegedly unpaid overtime for a proposed class of all former and current transplant coordinators who worked for the defendants within the past three years and were classified as independent contractors.