SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

October 08, 2010 10:54 ET

D.A. Technologies Installation Technicians Represented by Nichols Kaster, PLLP Sue for Overtime Pay

ATLANTA, GA--(Marketwire - October 8, 2010) -  On October 7, 2010, Plaintiff Christopher Wingrove filed an action in the Northern District of Georgia to recover overtime pay for himself and others similarly situated. The Complaint alleges that Wingrove, who worked as a 1099 contractor and later as a W-2 employee for D.A. Technologies, Inc. was not paid proper overtime pay for his overtime hours worked as an installation technician. D.A. Technologies contracts with digital network operators such as Comcast and Charter Communications to provide installation services.

Wingrove alleges that both W-2 employees and 1099 "independent contractors" were not paid properly for overtime hours worked due to the piece-rate payment scheme D.A. Technologies used to compensate its technicians. He also asserts that he and other technicians should have been classified as "employees" rather than "independent contractors" because D.A. Technologies exercised substantial control over their work. 

Plaintiff's attorney Michele R. Fisher stated, "Failure to pay installers proper overtime pay seems to be a problem in the cable and satellite television installation industry. These technicians work significant hours, and are often only paid on a piece-rate (per job) basis for each job they complete. When they work overtime hours, they are not compensated appropriately. We seek to recover for them the overtime wages they are due."

Plaintiff is represented by Michele R. Fisher and Tim C. Selander from Nichols Kaster, PLLP, in Minneapolis, Minnesota, and John T. Sparks from the Austin & Sparks, P.C. law firm in Atlanta, Georgia.

The case is entitled Wingrove et al v. D.A. Technologies, Inc., Court File No. 1:10-cv-3227 (Northern District of Georgia). 

Individuals may find additional information at or by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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