A former employee has filed a Fair Labor Standards Act (FLSA) case against a cable and internet service provider claiming that it neglected to pay its technicians the amount mandated by state and federal labor law. The defendants are AM Communications, Ltd., AM Communications LLC, AM Communications of Ohio LLC. The Dec.10 class action complaint was filed in the Northern District of New York.
The filing alleges that plaintiff Orpheus Grant formerly worked as a technician for the defendants installing cable and internet hardware in customers’ homes. The complaint explains that before clocking-in each day, the plaintiff was required to travel between 30 and 60 minutes to his first service job. The defendants ostensibly maintained a practice that required the plaintiff to use a smartphone application to clock-in upon arrival at a customer’s residence and clock-out when leaving. This practice reportedly continued through March or April.
The plaintiff also alleges that he worked six days a week for approximately 12 hours per day at a rate of about $11.80 per hour. The complaint states that he attended a weekly meeting before working hours that he was not paid for.
The plaintiff chiefly accuses the defendants of underpaying him for hours worked in excess of 40 per week, in violation of the FLSA and New York law. Specifically, the plaintiff contends that both time spent training and traveling during business hours is compensable.
The filing seeks to certify a class of similarly situated workers who were subjected to the same policies, but does not specify a timeframe. The complaint states five claims for relief including failure to pay overtime under the FLSA and failure to pay wages, minimum wages, overtime wages, and provide annual wage notices under New York law.
The plaintiff is represented by Gattuso & Ciotoli, PLLC, and Virginia & Ambinder, LLP.
