HERMITAGE, TN – A federal court in Nashville has affirmed the findings of an investigation that determined a Tennessee security and traffic control services provider and its owner misclassified 105 workers as independent contractors, including some who worked as security guards in Puerto Rico after Hurricane Maria.
On May 26, 2023, the U.S. District Court for the Middle District of Tennessee issued a supplemental order awarding an additional $116,273 to affected employees. In total, the court ordered EM Protective Services LLC and its owner, Erik Massikas to pay a total of $632,463 in back wages and liquidated damages.
The U.S. Department of Labor filed suit after an investigation by its Wage and Hour Division determined individuals doing security and traffic control work for EM Protective were, in fact, employees and not independent contractors. As such, the employer was required to pay these workers minimum wage and overtime, as the Fair Labor Standards Act requires.
“A federal court in Nashville found that EM Protective Services misclassified 105 workers as independent contractors, leaving these hard-working people without the rights and benefits afforded to them as employees,” said U.S. Department of Labor Regional Solicitor Tremelle Howard in Atlanta. “Misclassification strips workers of their rights to overtime and other federal protections and benefits.”
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