Court records released Tuesday show that a paralegal who claimed he had been wrongly classified as an independent contractor and denied overtime pay has received an out-of-court settlement of $15,350 from Acker Berger Immigration Law LLC, a federal lawsuit. The settlement closes a chapter started by Jason Hardman under the Fair Labor Standards Act (FLSA) for loss of earnings and for breach of contract.
Details of the Settlement
The settlement consists of $8,350 in back salaries and wages due under the Fair Labor Standards Act, as well as with the American Bar Association Model Rules of Professional Conduct. Hardman worked for the firm from May to October 2023 He typically put in 50-hour weeks; but, owing to not being paid overtime, he was only paid for 40 hours. He filed suit claiming that he had been misclassified as an independent contractor, and almost a year later after converting to full-time W-2 status was also not paid for his extra working time.
Hardman’s suit, filed in March 2024, said he was wrongly classified as an independent contractor. He claimed that he had no control over his itinerary and could not work elsewhere; therefore should be treated as a full-time employee. After 90 days actual transition as a W-2 employee, the firm supposedly still did not keep track of his hours and also failed to pay him overtime, in violation of the FLSA.
