Class Action Attorneys Blog

Pogust Braslow & Millrood is investigating Comcast Corporation and TriWire Engineering Solutions, Inc, for possible violations of the Fair Labor Standards Act and state wage and hour laws. It is believed that Comcast contracts with companies, including TriWire Engineering Solutions Inc., to perform telecommunications installations and repairs for residence and business customers of Comcast. The individuals performing such work may have been misclassified as "independent contractors." At times, companies misclassify employees as independent contractors in order to avoid paying them overtime wages, reimbursing them for work-related expenses, or providing them with health insurance and other benefits of employment. Although these "independent contractors" are paid through a third party, TriWire, instead of by Comcast, these workers should be designated as employees if they receive their work orders from Comcast or TriWire, cannot negotiate independently with customers, and can only install Comcast services.

If you would like to discuss this investigation or have any questions, please contact us.

Our firm was recently approached by a customer service specialist at TD Bank who claimed she was required to show up twenty-five (25) minutes before her scheduled shift to boot up computers. Despite having to arrive early, her superiors informed her that she was not allowed to clock-in until five minutes before her scheduled shift time. If accurate, TD Bank was improperly withholding at least two hours of wages each week from its customer service specialists. And, as a non-exempt employee she would be entitled to time and a half for all hours over 40/week.

Continue reading "Not Receiving all the Pay that You Should? " »

The Fair Labor Standards Act outlines the rights that employees have regarding overtime, but many employers completely ignore the standards set forth in this law. The law generally states that any non-exempt employer who employs any of his employees for a workweek longer than 40 hours shall only do so if the employee receives compensation for each hour over 40 at a rate of at least 1 1/2 times the regular rate at which he is employed (i.e. $15/hour for overtime instead of regular rate of $10/hour).

Continue reading "Employers’ Failure to Pay Overtime" »