On Tuesday, a cell tower worker filed a class action complaint against his former employer, E&S Communications, LLC, a wireless telecommunications provider. Law Street reported that the filing in the Southern District of Florida claims violations of the Fair Labor Standards Act (FLSA). The complaint seeks an order to certify a class of tower laborers who have worked for or are currently employed by E&S.
The complaint claims that E&S “has not and does not pay laborers the overtime pay owed for hours worked in excess of 40 per week” because of a company policy; the complaint aims to recover unpaid overtime. It also states that E&S “miscalculated the plaintiff’s and putative class members’ regular rates of pay,” underpaying the plaintiff by $6.00 per hour.
The plaintiff is a former cell tower worker, who would install, repair, and modernize cell towers for E&S. While employed, the plaintiff did object to the lack of overtime compensation, but claimed management did not rectify the issue.
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