Cable installer sues to collect overtime wages

Michelle Keahey, East Texas Bureau Aug. 8, 2011, 3:52pm

SHERMAN- A cable installer has filed a lawsuit against his employer claiming he was misclassified as an independent contractor so his employer could avoid paying him overtime wages.

Tom B. Kirk filed suit against Integral Development Solutions, Benton Odom Jr., Eric Atchley and Michael Tucker on Aug. 3 in the Eastern District of Texas, Sherman Division.

Integral Development employs installers and technicians who perform work for Time Warner Cable in the Dallas, Plano, Frisco, McKinney, Allen and Richardson areas. The other defendants are all officers or directors of Integral Development Solutions.

Kirk was employed by the defendants from February 2007 through October 2009 as an installer/technician. He states he regularly worked in excess of 40 hours per week but was not paid for hours in excess of 40. Instead he was paid on a piece-rate basis, with a disregard to the actual number of hours he worked in a given work week.

Kirk argues his employer intentionally misclassified him as an independent contractor in order to avoid paying him overtime wages.

The defendants are accused of violating the Fair Labor Standards Act by failing to pay Kirk for all hours worked at regular rates of pay and for failing to pay Kirk overtime compensation.

The plaintiff is seeking an award of unpaid wages and unpaid overtime wages, liquidated damages, attorney's fees and interest.

Kirk is represented by Sulphur Springs attorney Wade A. Forsman. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:11-cv-00487

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