On July 10, 2013, the Southern District of Mississippi denied Defendants Media Net LLC, John Ateeq and Mykhaylo Kalyn’s motion to dismiss the lawsuit filed by Plaintiff to recover unpaid overtime wages under the Fair Labor Standards Act.
Plaintiff filed a complaint on March 28, 2013, alleging violations of the federal Fair Labor Standards Act on behalf of satellite cable installers and technicians employed by Media Net, LLC. The satellite installers and technicians install and service DirecTV Network satellite cable services across the state of Mississippi. They are alleging that they have been improperly classified as independent contractors, and they are seeking unpaid overtime wages.
In support of their motion to dismiss, Defendants submitted various installer’s agreements and payment schedules. The Court noted that “the Fifth Circuit has previously held that a person was an employee pursuant to the Fair Labor Standards Act, even where the employee had signed a contract stating that he was an independent contractor” and found Defendants’ argument that the terms of the installer agreements warrant dismissal without merit.
Additionally, the Court “[found] that there are sufficient allegations concerning the individual defendants to state a claim against them pursuant to the Fair Labor Standards Act.”
To read the Order Denying Defendants’ Motion to Dismiss, click here.
