Mentor Protection Service Misclassified Workers, Wage and Hour Lawsuit Claims

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A proposed collective action case filed in Oklahoma alleges Mentor Protection Service LLC and one individual with control over the company misclassified security guards as independent contractors and owe resulting unpaid overtime wages. The plaintiff, who worked for the defendants from November 2014 through October 2017, claims he and other guards were paid the same amount each week regardless of the number of hours they worked. Specifically, the plaintiff claims he usually worked 50 hours per week for Mentor Protection Service without being paid time-and-a-half overtime for all hours worked over 40.

“Though the nature of [the plaintiff’s] relationship with [the defendants] was that of an employer-employee,” the case argues, “he did not receive any of the benefits to which an employee is entitled under the [Fair Labor Standards Act] because he did not receive time-and-a-half for all hours worked in excess of forty (40) in a workweek.”