Lawsuit: VIP Kidz, LLC Refused to Pay OT to Misclassified Daycare Staff

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VIP Kidz, LLC, which operates two daycare facilities in Florida for children with medical needs, is facing claims that it misclassified medical assistants, nurse assistants, and transport assistants as independent contractors in an effort to avoid paying overtime wages.

The case argues that in practice, the workers were treated as employees, as the defendant determined the hours they worked, provided the facilities and tools they used, and “dictated and directed, supervised and managed them in all work they did.” The plaintiff claims she and other assistants regularly put in more than 40 hours of work per week but never received time-and-a-half overtime wages due to their alleged misclassification as contractors exempt from overtime pay.

Lastly, the case argues that the defendant failed to pay the taxes and insurance premiums required of employers under state law.