DOL Sues America’s #1 Satellite TV Company for Failing to Pay Minimum Wage and Overtime – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on November 21, 2012

The Department of Labor (DOL) has sued America’s #1 Satellite TV Company, DirecTV, for allegedly failing to pay employees the federal minimum wage or for overtime. According to the DOL lawsuit, “DirecTV paid installation technicians on a piece-rate basis, which resulted in their hourly rates falling below the federal minimum wage. The company also, neither paid the installation technicians for all hours worked, nor paid overtime of 1.5 times their regular rates for hours worked in excess of 40 per week.”

Under the Fair Labors Standards Act (FLSA), covered employees must be paid at least the federal minimum wage for all hours worked and overtime pay for hours worked beyond 40 per work week, or 8 hours per day. Hours worked includes all the time a covered employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday.

The DOL lawsuit asks that the installation technicians receive the unpaid wage and overtime compensation they are due plus an equal amount in liquidated damages. Because the DOL found DirecTV to have acted willfully, the lawsuit also seeks to permanently enjoin DirecTV from future violations of the FLSA and asks the court to assess civil money penalties.

Several DirecTV installation technicians are currently involved in a collective action against the satellite TV company for similar alleged violations of the FLSA. Lang v. DirecTV, Inc., CIV.A. 10-1085, 2011 WL 2709886 (E.D. La. July 12, 2011).

If you are a California worker who has been classified or reclassified as an independent contractor, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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