Lawsuit: Tier 1 Misclassified Solids Control Workers, Owes Unpaid OT

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Tier 1 Rental and Distribution is the defendant in a proposed class and collective action filed by a former solids control operator who claims the company owes unpaid overtime wages. According to the lawsuit, the plaintiff worked “at least 12 hours a day for at least seven days a week,” totaling 84 hours or more, without being paid time-and-a-half overtime wages for all hours worked over 40. The plaintiff claims the defendant incorrectly classified him and similarly situated workers as independent contractors exempt from Fair Labor Standards Act (FLSA) overtime requirements, and instead paid the workers at a day rate regardless of how many hours they worked.

“As the controlling law makes clear, the manual labor/technical duties which were performed by the putative class members consist of non-exempt work,” the case argues. “Therefore, Tier 1 owes back overtime wages to hundreds of their solids control independent contractors, all of whom work long hours each workweek.”