In the case of Weckesser v. Knight Enterprises SE, LLC., Patrick Weckesser filed a collective lawsuit against Knight Enterprises for violations of the Fair Labor Standards Act (FLSA) and the South Carolina Payment of Wages Act. Weckesser was a cable installation technician and claimed that he and other similarly situated employees were allegedly misclassified as independent contractors, thus depriving them of overtime pay.
Weckesser argued that they were all hired as independent contractors by Knight Enterprises and were not paid for their overtime hours worked. It was claimed that they were subject to policies and schedules set by Knight Enterprises. Weckesser also alleged that they were required to use equipment provided by Knight Enterprises, wore their company’s uniform and logo, and were restricted from working for other companies.
The issue was whether or not other similarly situated employees could be considered in the lawsuit. After considering various factors, the court determined that Weckesser and the other employees had provided evidence of the company’s overall policy that had violated the FLSA regulations. The court also determined that the employee’s job duties, supervision, and salary also played a strong part.
The court affirms that individual damages towards each employee needed to be assessed but decided that every one of those employees could be considered in this lawsuit. Ultimately, a settlement was reached that included an amount of $600,000, with $365,000 allocated to the employees and $235,000 allocated to attorneys’ fees and costs.
Key lessons from this case:
- Employees who were subject to policies and schedules set by the employer are considered employees rather than independent contractors.
- Similarly situated employees can join a collective lawsuit under the FLSA if they have evidence of the employer’s policy violation.
- Individual damages must be assessed for each employee involved in the lawsuit to determine their respective entitlement to overtime pay.
If you want to know more about overtime regulations, read our guide on South Carolina Overtime Laws.
