Collective Action Complaint Claims E&S Communications Violated FLSA Overtime Rules

A cell tower laborer has filed suit against his former employer, E&S Communications, LLC (E&S) and two of his individual employers involved in the day-to-day operations of the company for violations of the Fair Labor Standards Act (FLSA). 

The Southern District of Florida class action complaint filed on Tuesday argued that the company has not and does not pay laborers the overtime pay owed for hours worked in excess of 40 per week. The filing also claimed that E&S miscalculated the plaintiff’s and putative class members’ regular rates of pay.

The complaint explained that E&S is a Florida company and a wireless telecommunications provider. The plaintiff is a former cell tower laborer, who, like others in the same role, would install, repair, and modernize cell towers for E&S customers in Florida and surrounding states. The plaintiff argued both that the company is subject to the FLSA and that cell tower laborers are non-exempt employees.

The submission claimed that E&S had a “company-wide” policy of not paying overtime compensation. It also reportedly underpaid the plaintiff by nearly $6.00 per hour while he was employed. Allegedly, when he objected about the lack of overtime compensation, management did nothing to rectify the situation.

The single count complaint seeks an order certifying a class of cell tower laborers who have worked or currently work for E&S. Among other requests, the plaintiff and putative class want to recover unpaid overtime.

The plaintiff is represented by Morgan & Morgan, P.A.