The Law Offices of Kevin J. Dolley, LLC is a nationwide wage and hour law firm that represents employees in claims of unpaid minimum wage and overtime under the FLSA. Mr. Dolley can be reached directly at (314)645-4100 or by email at kevin@dolleylaw.com. Below is a legal analysis of a recent case from the Western District of Tennessee involving cable installers, located in Memphis, Tennessee, which was not handled by our firm.
Cable Installer Overtime Law
In Brasfield v. Source Broadband Services, LLC, 2010 WL 3222495 (W.D. Tenn. August 16, 2010), both parties filed motions for summary judgment regarding the compensation structure of piece-rate wages of the employer. The court denied both parties motions for summary judgment and ruled that fact and legal issues required that the case proceed to trial and not be determined based upon the written filing to the court.
When both parties file motions for summary judgment, the court evaluates each motion separately on its own merit and with all facts and inferences determined in favor of the non-moving party. Beck v. City of Cleveland, 390 F.3d 912, 917 (6th Cir.2004) (quoting Wiley v. United States, 20 F.3d 222, 224 (6th Cir.1994)) (quotation marks omitted).
Piece Rate Wages Under the FLSA
The cable installer employees sued claiming violation of the Fair Labor Standards Act ("FLSA"). Prior to the parties moving for summary judgment, the court previously conditionally certified an FLSA collective action of all current and former service technicians performing work as cable installers for the employer providing digital network installation. The cable installers provided cable installation work and were paid piece-rate wages without what was alleged in the lawsuit as improper overtime compensation.
The motions for summary judgment filed with the federal district court in Memphis, Tennessee largely dealt with questions about the employer's compensation plan and whether or not the method of payment complied with the FLSA. The court noted that the cable installers were paid predetermined piece-rate wages based upon the nature of the installation work to be performed.
The court determined that there were a number of outstanding questions of fact and law that prevented a ruling in favor of either party prior to trial. The uncertainties in how the piece-rate pay plan operated prevented an entry of summary judgment in favor of either party.
Questions of Fact Prevent Summary Judgment Decision in FLSA Case
The Western District of Tennessee federal court had questions as to whether cable installers were properly paid based upon a proper calculation of overtime at time and a half for hours worked in excess of 40 hours per workweek. "The record is unclear with regard to whether Plaintiffs 'received straight-time compensation at piece rates or by supplementary payments for all hours worked' pursuant to ยง 778.111(a)."
