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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.

Although he worked over 40 hours and sometimes as late as 10 p.m., his time sheets usually displayed only 40 hours, and the firm did not maintain records of his actual working hours.

Both sides decided that the settlement is a fair closure to the matter. As per a joint motion filed in the U.S. District Court for the Northern District of Georgia, Hardman is content with the terms of the settlement, which exceeds 100% of his claims for overtime wages under the FLSA. Hardman's legal representation in this case, who put in over 23 hours on this case, also receives $7,000 in legal fees.

Before joining Acker Berger, Hardman was a Labor-Management Relations Examiner at the National Labor Relations Board, Atlanta, for 15 years. According to his LinkedIn profile, he managed the investigation of more than 2,000 cases of employers and unions accused by workers of unfair labor practices.

Hardman is being represented by Jake Knanishu and Justin M. Scott of Radford Scott LLP. Acker Berger is represented by Eric R. Magnus of Jackson Lewis PC.

The case is Hardman v. Acker Berger Immigration Law LLC, case number 1:24-cv-01313, in the U.S. District Court for the Northern District of Georgia.