DEARBORN, MI – Federal wage investigators have recovered $352,347, in back overtime wages for 653 workers of a Dearborn staffing agency that assigned them to manufacturing facilities and illegally classified them as independent contractors.
By doing so, the employer denied their workers overtime wages, a violation under the Fair Labor Standards Act.
Misclassified employees are also denied other benefits including unemployment insurance and worker’s compensation and are required to take on the employer’s tax burden.
The U.S. Department of Labor’s Wage and Hour Division found Leo Staffing & Management LLC – operating as LTL Staffing and Business Solutions – assigned most of the employees to work as machine operators, welders and forklift drivers at Challenge Manufacturing locations in Walker, Holland and Pontiac. While the employees worked directly at the manufacturing plants, LTL Staffing maintained all employee records and processed their paperwork and payroll.
“When there is an employment relationship between a worker and an employer, these workers are covered under the Fair Labor Standards Act. This means employees must be paid the minimum wage and overtime as required by the FLSA,” explained Acting Wage and Hour District Director Angela Telang in Detroit. “Failing to recognize workers as employees strips them of a wide range of valuable benefits and labor protections.”
“Misclassification of employees as independent contractors is a major concern for the U.S....
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