Two Claim US Roof Recycle Misclassified Workers, Refused to Pay Overtime

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Two plaintiffs allege in a proposed class action that US Roof Recycle, LLC and one individual defendant failed to pay proper overtime wages in violation of the Fair Labor Standards Act (FLSA). The individuals claim they and similarly situated laborers were misclassified by the defendants as independent contractors exempt from overtime wages, and were instead paid at only their regular rate for hours worked in excess of 40 per workweek. In truth, the case says, the nature of the plaintiffs’ work, including their employer-set schedules, rates of pay, tools provided by the defendant and need to request permission for days off, is indicative of a clear employer-employee relationship wherein time-and-a-half overtime is owed for every hour worked past 40 each week.