Case Update: December 26, 2012
Wage and overtime lawsuit seeks collective-action status.
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Check back often for updates. We answer these common questions below:
- What is the NetVersant case about?
- What are we claiming to recover?
- How do I join this case?
- Do I have to pay anything?
- Who is eligible to join the NetVersant lawsuit?
- What time frame is covered?
- How do I prove how much I am owed?
- Will I be fired for joining this lawsuit?
- Which Locations are Included?
- How do I get more information about the NetVersant case?
See below for NetVersant FAQs.
1. What is the NetVersant lawsuit about?
On March 28 2012, NetVersant Solutions, L.P. (“NetVersant”) cable installers filed a collective-action lawsuit against NetVersant for unpaid overtime and minimum wages. The cable installers are considered non-exempt employees who install internet networks, phone systems, and other telecommunications services provided by NetVersant. The technicians are claiming NetVersant misclassified them as independent contractors and as such denied them pay for overtime hours worked. Cable Technicians should be considered employees based on the following work conditions: cable installers are required to wear NetVersant uniforms, they must report arrival and departure times for each job, they are required to work in a set order, cable installers are disciplined if they do not follow NetVersant’s rules, they are required to work during the weekend, and they are issued work schedules. Furthermore, NetVersant instructed employees about when, where and how they were to perform their work and then required cable installers to complete comprehensive paperwork for every job in order to monitor precise work done, supplies and tools used, quality of work, equipment installed and location of work. The cable installers are provided with on the job training, which instructs them exactly how to preform each task. NetVersant also provided employees equipment for its network installation services. These cable installers are assigned 40 hours or more a week, which prevents them from working for another company. Lastly, NetVersant has the right to discharge cable technicians at will, wherein an “independent contractor” is allowed to start and end a job at his own will. All of these acts qualify NetVersant workers as employees rather than independent contractors. NetVersant tried to categorize its employees as independent contractors to avoid paying them overtime pay, minimum wage, and other employee benefits.
When cable installers worked more than 40 hours in a workweek, NetVersant did not compensate them at the appropriate overtime rate for at least some workweeks. These cable technicians typically worked an average of 60 hours a week. NetVersant paid the workers a flat salary or an hourly rate without any additional pay for overtime hours worked. Under the Fair Labor Standards Act (“FLSA”), all employers are required to pay their employees 1 and 1/2 times their regular hourly rate for every hour worked over 40 in a workweek.
The lawsuit claims NetVersant owes its employees back pay for all hours worked over 40 in a workweek, liquidated damages, attorneys’ fees and court costs to all cable installers for the last three years (from March 28, 2009 forward).
The lawsuit was filed as a “collective action,” which means that only employees who sign a consent form and join the lawsuit will be part of the lawsuit.
2. What are we claiming to recover?
The employees seek to recover compensation for their unpaid overtime, liquidated damages, and attorney's fees as required by the FLSA for the past three years before this lawsuit was filed.
3. How do I join this case?
To make a claim in this action under federal law, you must complete a consent form and return it to us for filing with the Court.
4. Do I have to pay anything?
We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief through either a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.
5. Who is eligible to join the NetVersant lawsuit?
This lawsuit seeks collective-action certification under the FLSA. If granted, this means all other similarly situated NetVersant employees may be able to recover unpaid overtime and minimum wage compensation.
6. What time frame is covered?
There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within three (3) years of joining the lawsuit by completing a consent form and returning it to us.
7. How do I prove how much I am owed?
When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed. If you do have records, however, you should not throw them away.
8. Will I be fired for joining this lawsuit?
It is illegal for an employer to retaliate against you for joining this lawsuit. Retaliation can include terminating you, changing your hours, reducing your pay, changing your position, or taking any other action in retaliation for joining this lawsuit.
The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims. If you currently work for NetVersant and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.
9. Which locations are included?
This case is based out of Texas, but we believe that these illegal practices are happening nationwide and invite all NetVersant cable installers to contact us.
10. How do I get more information about the NetVersant case?
If you would like more information that about this case, please contact the attorneys at our firm assigned to prosecute this case at 1-855-947-0707.