Worker Misclassification Complaint Filed Against Ceres Marine Terminals

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A South Carolina resident has filed a proposed collective action in which he claims defendant Ceres Marine Terminals Inc. failed to pay stevedores proper overtime due to misclassifying the workers as exempt under the Fair Labor Standards Act. The plaintiff, who the case says still works for Ceres loading and unloading cargo on steamships, alleges the defendant’s improper classification of its stevedores is unwarranted, as a clear employer-employee relationship exists between the workers and the terminal company. The lawsuit points out that the defendant’s stevedores do not have authority to interview, hire or fire employees; set overtime rates of pay; go outside of Ceres’ grievance procedures for disciplinary action; or set their own work assignments and schedules.