In Kiser v. Pride Communications, Inc., Case No. 2:11-cv-00165-JCM–VCF (D. Nevada), a group of cable installers who were paid piece rate wages filed a claim for unpaid overtime wages for hours worked in excess of 40 hours per week. The court held that the class should be conditionally certified with respect to all cable, internet or telephone service installers who were employed in Las Vegas, Nevada and who performed such work and who: (A) Where paid on a piece rate basis; and (B) Worked more than 40 hours a week and did not receive proper overtime pay at time and one-half their regular hourly rate based upon such piece rate earnings.
The federal district court in Las Vegas, Nevada was presented in the case with the issue of whether or not the employer was required to produce payroll records from a third party payroll provider. The court noted that Defendants objected to producing records they did not physically posses as electronic records in the possession of a payroll vendor. The court held that the fact that defendants do not actually possess the documents does not matter. Defendants had the ability to order the third-party payroll vendor to perform the processing and maintaining the payroll and the accompanying records. Thus, it is "inconceivable" that the defendants lack the ability to request and obtain such records.
Las Vegas, Nevada Cable Installer Overtime Lawyers
The Law Offices of Kevin J. Dolley is a nationwide overtime law firm that represents employees in overtime and unpaid wage disputes in federal courts, including Las Vegas, Nevada. The firm represents cable, internet and phone installation workers and field service technicians nationwide. If you receive pay per job or box completed, are paid only a salary or are not paid overtime pay or compensation for travel time, contact attorney Kevin J. Dolley directly to discuss the claim at (314)645-4100 or by email at Kevin@dolleylaw.com.